Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 31 March 2015), October 1852 (t18521025).

Old Bailey Proceedings, 25th October 1852.

CENTRAL CRIMINAL COURT.

HUNTER, MAYOR. TWELFTH SESSION.

A star (*) denotes that prisoners have been previously in custodyâtwo stars (**) that they have been more than once in custodyâAn obelisk (â ) that they are known to be the associates of bad characters.

978. MOSS SAMUEL was indicted for wilful and corrupt perjury. (Mr. GIFFARD, for the prosecution, offered no evidence.)

NOT GUILTY .

979. ALFRED SEYMOUR was indicted for embezzling 4s. 0 1/2 d.; the moneys of John Brown, his master: to which he pleaded

GUILTY. Aged 20.âThe prisoner received a good character, and was recommended to mercy by the prosecutor. â Confined Seven Days.

980. JOHN BOZON , stealing a 5l. bank note, and 3 sovereigns; the property of Edward Cleveland Seaman, his master: to which he pleaded

GUILTY . Aged 15.â Confined Two Months.

981. JAMES HOLLIDAY , stealing a watch, value 2l. 5s.; the property of William Henry Wood: to which he pleaded

GUILTY . Aged 34.â Confined Six Months.

982. WILLIAM SMITH , burglary in the dwelling house of George Harman Barth, and stealing 4 tablecloth, and other articles, value 2l.16s.; his property: to which he pleaded

GUILTY . Aged 25.â Confined Twelve Months.

983. JOHN LYNCH and DANIEL DWYER , burglary in the dwelling house of Francis Disney, and stealing 1 pair of shoes, 1 boot, and 1 shoe; his property.

MR. PAYNEconducted the Prosecution.

WILLIAM BEAMAN , (policeman, S 119). On Monday, 4th Oct., about 12 o'clock at night, I was on duty in Heath-street, HampsteadâI passed Mr. Disney's premises at that timeâI tried the shutters, and they were secureâI passed again at half past 12, and then found the shutter down, and lodging on the barâthe bar was put down, and a bolt out, and a pane of glass was

brokenâI rang the bell, and called up Mr. Disney's sonâI met my brother constable on the other side of the way, and gave information to himâwe both went in pursuit of the prisonersâI went round to Lynch's house, expecting they would make their way homeâmy brother constable had told me that he had met LynchâLynch's house is at New-end, about 150 yards from the prosecutor'sâI found the door ajarâI waited outside the door, expecting they were in some of the adjoining courtsâno one came thereâmy brother constable went round New-end.

FRANCIS DISNEY . I am a shoemaker, and have a shop in Heath-street, Hampstead. I do not live on the premises; my son doesâhe is not hereâhe is in my employmentâI pay the rentâmy attention was called to the premises at 9 o'clock on Monday morning, 4th Oct.âthese shoes (produced) are mineâthere are two odd ones, and one pairâthey were in my shop on Saturday evening, 2nd Oct., and were gone on the Monday.

Cross-examined byMR. COOPER. Q. What do you know them by? A. By the makeâI never sold themâmy son sells in my absenceâI expect he would not sell odd shoesâthese are odd ones.

COURT. Q. Were they made under your superintendence? A. Yes.

HENRY HAWKES (policeman, S 315). On Monday morning, 4th Oct., about half past 12 o'clock, I was on duty at Hampstead, about 300 or 400 yards from Mr. Disney's, and saw the two prisoners running in a direction from Mr. Disney's shopâDwyer had something in his hand, but I could not tell exactly what, it being dark at the timeâI followed them, and lost sight of themâI knew Lynch before by name, and Dwyer by sightâabout ten minutes after losing sight of them I saw another constable, Thomas Hawkes, following LynchâI told him of the robbery, and he took Lynch into custodyâI followed Dwyer, and took him about 300 or 400 yards offâas I went towards him I saw him drop this bootâI took him into custody, and took him to the stationâthey both inquired for Mr. Disney, and said they wanted to make it up, they wanted to pay all expenses for what they had done.

Cross-examined. Q. Had they been drinking? A. They had been to a public houseâI believe Dwyer had been drinkingâLynch was soberâI have known Lynch a long time; his father is a coal and potato salesman, and a respectable manâthey had no money with them.

THOMAS HAWKES (policeman, S 211). On this Monday morning, about a quarter to 1 o'clock, I was in Well-street, Hampstead, and saw both the prisoners coming towards Well-walkâthey saw me, and seemed to shun me, and turned backâthey were going in a direction towards Mr. Disney'sâI followed them, and lost sight of them for a minuteâI found them again standing against a tree, talking very lowâI could not hear what they said, but it attracted my attention, as they were standing close to where somebody had broken in on the Friday nightâthey came towards meâDwyer turned up towards Squires Mount, and Lynch came by meâI stepped out behind him, and said, "Good night"âhe made me no answer, but walked fasterâthat made me have more suspicionâI followed him up, and just as I got up to him the last witness came up, and in consequence of what he said to me, I took Lynch into custodyâhe said to me, "You have no cause to hold me so tight, I will not run away"âI said, "No, I will take care of that"âhe said, "As it is all found out, I may as well tell you, and see if you cannot make it all square; I do not mind being my part towards it, and I dare say the other one will do so"âhe told me they had been drinking together at Mr. M'Kenzie's, at the Horse and Groom, and when they came out they went to do something, but did not say whatâhe said, "I never touched the

shutter or the shoes, though I had as much to do with it as him; if we had got clear off we could have spent it all in two hours; so see what a mess we have got intoâhe said he would ask Mr. Disney to speak for himâthat he had dealt with Mr. Disney, and had bought the pair of shoes of him that he had onâhe said if I could put it square for him he would treat me to anything, or give me anythingâhe said at the station house, that he had never stolen anything beforeâthey both offered to make it up with Mr. Disney, and offered to pay anything be charged for the damage.

WILLIAM BEAMAN re-examined. I am quite sure it was at 12 o'clock that I examined the shuttersâI then went into the High-streetâit was just half an hour afterwards that I examined them again, and found the window brokenâI did not see either of the prisoners aboutâI cannot tell how the shutters were fastened.

HENRY HAWKES re-examined. One of these odd shoes was found in Mr. Dawson's garden, in Heath-street; it had been thrown over from the street; it was found close by where I stopped Dwyerâthe wall is about five or six feet highâthis pair of shoes were found and sent to the station by a person who is not here.

(The prisoners' statements before the Magistrate were read, as followsâDwyer says, "The shutter was down before I came up to the placeâI did not touch the shutterâthe window was broken alsoâI saw the window broken, and I put my hand in and took one of the bootsâthat is all I have to say."âLynch says, "I saw the shutter down as I was on the opposite side of the road with DwyerâDwyer went over the road, and I went awayâI saw him do nothingâI did not see him touch he window.

FRANCIS DISNEY re-examined. I do not think the shutter was properly fastened that night; I have reason to believe soâthe window was broken so that a person could put his hand inâthe boots were standing in the window altogetherâI have known the two prisoners from their infancy; I never knew them do a wrong actionâDwyer lived with Mr. Peat, a baker; he was to be here to speak to his characterâLynch has dealt with me; and his father, also, for yearsâLynch worked with his fatherâI think they had been drinking, or they would not have done it.

LYNCHâ GUILTY . Aged 20.

DWYERâ GUILTY . Aged 17.

Strongly recommended to mercy by the Prosecutor and Jury.

Confined Three Months.

984. WILLIAM RIX , breaking and entering the dwelling house of Mary Ann Lamb, and stealing therein 5 coats, and other articles, value 20l.; the goods of Henry Delmar Van Toll. MR. COOPER conducted the Prosecution.

MARY ANN LAMB . I am a widow, of 2, Stoneleigh-cottages, Twickenham. On Sunday evening, 17th Oct., about a quarter past 6 o'clock, I left my house; the two back doors were bolted with two bolts on each doorâI let myself out at the front door, which has a spring lock; I am sure I shut it; I pushed it with my handâI took the key with me, and left no one in the houseâI returned in about twenty minutes, and saw a light in my bedroomâI went to Mr. M'Crae, next door, and asked him to come with meâI do not know whether he went in; I stopped in the garden, and he went to the houseâI went in about twenty minutes afterwards, and found my clothes lying on the floor of my bedroom, and a drawer broken open, in which I kept the articles I have lostâI had seen them there that day; they belonged to my son in law.

ANDREW M'CRAE . I am a draper, and live at Stoneleigh-cottages, next door to Mrs. Lamb. She came to my parlour window that evening, about twenty

minutes to 7 o'clockâI went out and saw a light in her bedroomâI sent my wife for assistance to one place, and my servant to anotherâI stayed there some time, till assistance cameâa noise was made outside, and the light was put outâI went round to secure the two back doors, and the back part of the house; I stopped there some time, and the door was tried to be opened from the inside; and after that the light appeared at the window over the door, and the curtain was pulled on one side, and then there was a second attempt to open the doorâmy wife came round and told me somethingâI left two of the neighbours, one at each door, and went round in front and heard some one say, "Fire!"âI saw a poker between the doorpost and the door, to force it open, as it was being heldâseveral stood outside the door, but they heard "Fire!" called inside, gave way, and a man came out and passed me; then a second man came out, who I seized; it was the prisonerâhe struck me with a poker over the right hand before I got hold of himâthat was because I tried to get hold of the poker, and then he struck me across the jawâI retained him; he had a crowbar, or jemmy, in his handânext morning I found a skeleton key in the next door garden; the police sergeant tried it to Mrs. Lamb's door in my presence, and it fittedâI found this jemmy (produced) just outside the front door.

Cross-examined byMR. BALLAANTINE. Q. Am I to understand you never let go of the prisoner at all? A. Yes, but he did not get away; Green and other parties there had him as wellâI seized him before anybody else; I am quite sure of thatâhe was coming out of the houseâGreen was close, handyâI am sure the prisoner is the person who came outâit was a dark nightâI lost sight of the prisoner before he was given into custody, because I went inside the house after he was secured by those I knew, but I remember him perfectly well by his appearanceâthere were plenty of lightsâI found no one in the house, but there had been some one close byâthe back part of the house was open, and at the time the prisoner came out I saw a third party behind.

JAMESH GREEN . I am private watchman to the Dowager Duchess of Northumberland, and live at Isleworth. On Sunday evening, 17th Oct., about 20 minutes to 7 o'clock, I was called by Mr. Tutton, of the Anchor BreweryâI followed him to Mrs. Lamb's houseâI was told there was some one there, and I put my foot against the front door post, and laid hold of the knockerâsome young men laid hold of the doorâI heard some one inside unlock the door, and try to get outâI held on, but some person got this poker (produced) between the door and the door postâI tried to get it back againâthe man that had the poker in his hand said twice, "Dân your eyes, shoot;" and as he said that, the two young men who had hold of the door ran awayâthey were stronger inside than I wasâthey wrenched the door open, and pulled the door towards them, and two men rushed outâas they came out, this poker, which was in one of their hands, poked me in the chestâI got one by his coat, and the other by his collarâthe first one got awayâI held the second one by the collar, till several persons sang out that he was a young man well respected, and a neighbour; and I let him go, and assisted in taking another, who was in the yardâthe one I had by the coat, and who got from me, did not get away from the premisesâsomebody else stopped him, and I helped to take himâthe prisoner is the manâI am positive of it.

Cross-examined. Q. Did you catch hold of the person who had the poker? A. Yes; I was the first person who caught hold of himâM'Crae caught hold of him, but not till I had let him goâwe might hare both caught hold

of him at one timeâI was not at the back of the house at allâI kept hold of the prisoner's collar, and the police came and took him from meâthere were more laid hold of him than me; one was a masonâthe prisoner is the person whose coat tail I caught hold ofâhe wriggled himself awayâa woman had hold of him when I went to her assistanceâI may have lost sight of him while I had hold of the other by the collar; I cannot say whether I didâwhen I caught hold of him again, a woman had hold of him, and soma men as well.

MR. COOPER. Q. M'Crae stood close to you when the men came out of the house? A. Yes; I laid hold of the knocker with both hands, and cannot say who was behind me, but I suppose there were a score of people thereâI believe the prisoner got six feet from me at the furthest.

MARY DART . I live at the Mulberry Tree, which is near Mrs. Lamb's. On Sunday evening, 2nd Oct., I heard a report, and went to Mrs. Lamb's; it is a cottage with a small garden in front, which is entered by a gateâas soon as I entered the gate, I saw a man open the door from within, with a candle in his hand; he had a very long sharp noseâhe closed the doorâmy husband called to two young men who were passing, to hold the door, so that they could not get out, while he went round to the backâa short time afterwards I saw that the light was out, and in a short time afterwards I saw it againâthe door was then opened, and the first person I saw was the prisoner and then another man, and, I fancied, a womanâthat was at the time the people were pulling as the doorâthe prisoner came out first; that was the first time I had seen himâMr. M'Crae and a roan named Green took himâdirectly the door opened, they called out, "Shoot, fire!"âthe police came, and the prisoner was given into custodyâI entered Mrs. Lamb's house, and picked up a gold pin; the house appeared a little disordered, and I saw a large writing desk that had been broken open.

Cross-examined. Q. I understand the person you saw with the light was not the prisoner? A. No; in the confusion I cannot exactly say who the other man who came out was, but I saw them both together, and I lost sight of the other: but Mrs. Hogg seized him, and I took hold of him behind; he said, "Let me go, I am well known, now is time for the police;" or, "I will see for the police," and he got awayâI was able to see the prisoner so as to say he is the man.

JAMESH CHANDLER (policeman, N 322). I received information, went to Mrs. Lamb's, and found the prisoner in custody of another constableâI went upstairs, and found a trunk standing open in the bedroom.

WILLIAM BUTCHER (policeman, V 17). I went to Mrs. Lamb's house twice; the second time two skeleton keys were given to me by M'Crae, and I found two more in the gardenâI tried them to the doors, and they fitted and opened themâI put the jemmy to the marks on the drawers, and it corresponded exactly with the indents.

THOMAS WOOLCOT . I am in the employ of Mr. Henry Moses and two others. On 21st Sep., in consequence of what I heard, I missed four sets of billiard ballsâthe prisoner was on the premises that dayâI saw him in a little anteroom, where the balls were keptâhe was making up casesâhe came and told me he was about to leaveâI then went and counted the billiard balls, and found there was another set goneâI went and told Mr. Henry Mosesâhe and I came and questioned the prisoner, whether he had got anything about himâhe said he had notâhis jacket was lying on one sideâI felt it and found a set of billiard balls in itâI asked the prisoner if the jacket belonged to himâhe said it didâI asked him why he did not put it onâhe put it on, and I asked him what he bad in his pocketâhe pulled out a set of billiard ballsâI accused him of taking four other sets, which he strongly deniedâI told him if he would be honest and tell the truth it would be in his favourâthere were a great many other persons about who belonged to the premises.

Cross-examined byMR. DEARSLEY. Q. Am I to understand that you saw the prisoner in the place where these balls were? A. Yes.

CHARLES BUTTON (City policeman, 569). I took the prisoner.

(The prisoner's father gave him a good character.)

NOT GUILTY .

986. JAMES COOPER , stealing 1 cigar case, and two cigars, value 2s.; the goods of Cook Sheppard, from his person.

COOK SHEPPARD . On 26th Sep. about 9 o'clock I was on London-bridge, standing stillâI felt a rustling behind meâI put my hand in my pocket, and missed my cigar caseâI looked round, and saw the prisoner close behind meâhe walked awayâI followed him, and asked him for my cigar caseâhe said he had not got such a thingâI saw him takenâhe took the case out of his pocket and gave it to the officerâthis is itâit is mine.

Prisoner. Q. How far was I from you when you gave me in custody? A. You were some distance when I gave you in custody.

THOMAS M'INTOSH (City-policeman, 581). I was called and took the prisoner in custodyâI asked him what he had done with the cigar case; be denied having itâhe afterwards took it out of his pocket and gave it me.

Prisoner's Defence. I went down to London-bridge to see if I could earn a few halfpence by the steam boats; I picked up the cigar case, and put it in my pocket; this gentleman came and asked if I had a cigar case; I said I had, and I gave it.

GUILTY .* Aged 32.â Confined Six Months.

987. WILLIAM HENRY POVEY was indicted for bigamy.

MR. DEARSLEYconducted the Prosecution.

LYDIA JONES . I am the wife of Nathaniel Jones; we live at 7, Padding-ton-street, St. Marylebone. I know the prisoner; I know Jane PoveyâI was present on 30th June, 1849, at her marriage to the prisoner, at St. Mary's church, St. Maryleboneâher name was Bryer; she is livingâI was a subscribing witness to the registerâI produce the register; this is it.

NICHOLAS KINGSTON CHUBB . I live in Edgeware-road, and am relieving officer to the Hendon Union. I produce a copy of a register from the Church of St. Mary, Marylebone; I compared it with the originalâit is correctâI examined it on 5th Oct.

Cross-examined byMR. PARRY. Q. How did you examine it? did you have some one to read it? A. I stood over the clerk while he wrote it; this is not my writing, but the writing of the parish clerkâhe is not here that I am

aware ofâperhaps I did not see every word of this written, but he read the book afterwards, and I held this paper in my hand while be read the bookâthat is the way I examined itâI saw the clerk write, but not every wordâI held this in my hand while he read the bookâthat is the way it is generally doneâthat was the way in which I examined this on that occasion.

MR. DEARSLEY. Q. The clerk read the book, and yoa read this, at the same time? A. Yes; they were word for word alike.

COURT. Q. What did you do on that occasion? A. I saw the clerk write this; I will not swear it was correctly writtenâI saw him write this from the book of marriage registersâI saw the bookâI did not read the bookâthe clerk read the book after he had copied thisâthe clerk read from the book, and I read the copyâI did not read from the book at allâall I know that it is correct from the book, is because the clerk read it soâI never read the words in the bookâI did not read the whole of the words in the book while he was copying it; I might read some of them.

LYDIA JONES re-examined. Q. Did you see Jane Povey married? A. Yes, to the prisoner; I had known them both before.

JANE STEDMAN . I am the wife of David Stedman, 3, Regis-street, Edinburgh, a rope maker. I have a sister named Isabella Grahamâshe left Scotland about three years ago, and returned in June, 1851âshe lived at my house where I then livedâthe prisoner used to visit her at my houseâhe paid his addresses to herâon 25th Aug. of that year I was present at their marriage, in my house, at Edinburghâthey were married by the Rev. William Reid, minister of the United Presbyterian congregation, in the Lothian-roadâI knew him before, and used to attend at his churchâI was present at the marriageâI did not sign anythingâI saw the marriage lines signedâI saw a paper signedâit was a regular marriage.

Cross-examined. Q. I believe she has lived very comfortably with the prisoner, and she does not prosecute him? A. No; this ceremony was in my house, which was a small private house, at 1, Gillespie-street, Edinburghâthe gentleman who performed the ceremony is aliveâhe is not hereâhe is in EdinburghâI know him as a minister of the GospelâI attended Divine worship under himâthe banns were published, but I did not hear themâthe prisoner had lived in my house three weeks prior to that; I am sure of thatâthere were several persons besides me present at the marriage.

MR. DEARSLEY. Q. Were you married in Scotland? A. Yes, in a private house; that is the usual way in Scotlandâthey are never married in the church.

COURT. Q. How long after this did they live together? A. They went away that week, and came to London that week; they were married on Monday, and sailed on the Wednesday followingâI saw them between the Monday and the Wednesday, living together in my house, as man and wife.

THOMAS WILLIAM SMITH TORTELL . I am clerk to the Magistrates at Edgeware. I produce a copy of an entry of marriages, in the parish of St. Cuthbert, EdinburghâI examined it with the originalâthe original book is in the custody of the Session-clerk of the parish of St. Cuthbert, Edinburghâthey remain in his custody according to the law of ScotlandâI wrote this copy myself; and then I took the book and this paper, and compared two words by two words.

Cross-examined. Q. What is this? A. A copy of the register of proclamation of the marriageâI found the book in the custody of the Session-clerk of the parish of St. Cuthbert, Edinburgh. (MR. PARRYobjected to this evidence, it being a mere extract from a book of a foreign country.MR. COMMON SERJEANTdid not receive the evidence.)

JOHN HUGHES (Police-sergeant, S 3). I apprehended the prisoner at Clerkenwell, by virtue of a warrant, on a charge of unlawfully being married to Isabella Graham, his wife being aliveâhe said, "Very well, I fully expected it"âI took him to Hendon.

MR. PARRYtoJANE STEDMAN. Q. You were married in a private house? A. Yes; I was married by the publication of bannsâthey were published three times in a place of worship; not where I attended, but in anotherâthe marriage was publicly registered.

GUILTY . Aged 30.â Judgment Respited.

988. JAMES MUSSON , stealing 10l., in copper moneys; the property of George Stansfield Marshall and another, his masters: to which he pleaded

THOMAS NEAVE . I am assistant to Mr. John Grant, a pawnbroker, of london-wall. The prisoner came on 2nd Oct. to redeem some pledges; I had known her beforeâshe paid 12s. and a few halfpence interest, redeemed the things and went away; a few minutes-after she had left, I missed a pair of trowsers which had been hanging inside the shop, not in the part where she was, but she would have to pass them in going outâI ran out and stopped her three or four doors offâI found the trowsers under her shawlâthese are them (produced)âour private mark is on themâI had seen them about five minutes before she came inâI said to her, "This is not the first time that this has occurred"âshe said, "Don't be too positive"âI gave her into custody.

EDWARD KNIGHT (City-policeman, 72). I received the prisoner into custody from the last witness, with the trowsers.

Prisoner. As to the trowsers I have no knowledge of having taken them; I had been drinking very heavily on the Saturday. Witness. She was not in liquor, she was a little excited from being detected; I should not say it was from drink.

THOMAS WILLIAM HOLT . I am assistant to Mrs. Elizabeth Brown, a linendraper, of 10, Clark's-place, Islington. I did not miss any table napkins until the policeman came on Monday, 4th Oct., I then examined our stockâwe had only three pieces, and I missed oneâthis (produced) is itâI cannot tell when it was takenâI can swear to its being in the shop on the Wednesday previous, it was placed on a row of linens in front of the window, insideâa person could get at it by reaching overâI do not recollect seeing the prisoner in our shopâI know this by our private markâit contains

a dozen table napkinsâI check all that we sellâI am sure this was never soldâI can prove it.

EDWARD KNIGHT (City-policeman, 72). After I took the prisoner into custody, I searched her lodgingâshe gave her address, and a key which opened her room doorâI found these napkins in the bed between the sheets, just by the pillow.

Prisoner. These napkins, and the other things, were all in a sheet of brown paper tied round with a string, and four directions on it as it was brought to me on the Friday evening. Witness. That is not so; I found the room of her door locked; nobody else was living there.

Prisoner's Defence. The person that brought the things to me told me this was a tablecloth, and asked me to hem it, and mark it; I had not opened it at allâI was not aware that it was anything but a tablecloth, and the policeman himself said before the Magistrate that it was a tablecloth.

EDWARD KNIGHT re-examined. I said it was a tablecloth, not knowing what it wasâI found it covered over with the bedclothesâthe bed had been made in the usual way, and this was between the sheets.

1005. THOMAS SMITH was indicted for a like offence: to which he pleaded

GUILTY . Aged 52.â Confined Six Months.

1006. JANE CLARKE was indicted for a like offence.

MESSRS. ELLISandBODKINconducted the Prosecution.

EDWARD WILLIAMS . I am barman at the Royal Yacht, in Stanhope-street. On 20th Sept. the prisoner came, between 11 and 12 o'clock at night, for half a quartern of rumâit came to 2 1/2 d.âmy mistress served herâshe tendered a bad shillingâmy mistress tried it with the detector, and cracked a piece, or broke it offâI told the prisoner it was bad, and put it down on the counterâthe prisoner took it up, and tendered another shilling, which was counterfeitâI tried that with the detector, and found it was badâthe prisoner then gave a third shilling, which turned out to be a good oneâI am sure the second shilling she tendered was not the same that she tendered firstâthe second one was not bent till I bent itâthe prisoner was detained, and taken into custodyâshe stooped down before I went for the constable.

SELINA EDWARDS . I am the wife of James Henry Edwards, landlord of

the Royal Yacht. On 20th Sept. the prisoner came, between 11 and 12 o'clock, for half a quartern of rumâshe put down a shilling in paymentâI took it up and tried itâI found it was badâI bent it in the detectorâshe then offered a second bad shillingâthe young man took that upâhe tried itâI saw it was badâI saw the young man give it to the policemanâI noticed when the prisoner took back the first shilling that the stooped down in the bar behind the counter.

JAMES THATCHER (policeman, F 69). I took the prisonerâI produce this shillingâthe prisoner gave her address at 2, Norwich-court, Fetter-laneâI went, but could find no person of her description or name, at the address she gaveâone good shilling and 2d. was found on the prisoner.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This shilling is bad.

(The prisoner put in a written defence, slating that she believed the first shilling to be good, and the other two she was certain were.)

GUILTY . Aged 21.â Confined Twelve Months.

1007. JOHN SMITH , feloniously uttering counterfeit coin: having been before convicted.

MESSRS. ELLISandBODKINconducted the Prosecution.

CHARLES BELLAMY . I produce a certified copy of the conviction of John Smithâit was procured from Mr. Clark's office.

JAMES BROWN (policeman, M 55). I remember John Smith being convicted at this Court, on 2nd Feb., 1852, on a charge of passing bad moneyâhe was confined six monthsâthe prisoner is the manâ(certificate read).

ANN THURLOW . I am a tobacconist, and live at Pimlico. On 95th Sept. the prisoner came to my shop, about 8 o'clock in the evening, for a pennyworth of tobaccoâhe offered a bad sixpenceâI gave him the tobacco, and he took it out of the shopâI noticed the sixpenceâI sent a person after himâhe came backâhe gave me the tobacco and changeâI gave him the sixpence backâI had put the sixpence into my month and bit itâit was very softâhe said he did not know it was bad, and be could net have the tobacco? He had no more money about himâthis is the sixpence (looking at it)âI know it by the mark where I bit it in my mouth.

Prisoner. Q. What did you do with that sixpence? A. Gave it you back, and you gave me the tobacco and change.

CHARLES HUNTER FROMANT . I live in Ebury-street, Pimlico. On 25th Sept. the prisoner came to my shop, about 10 o'clock in. the evening, for a set of shirt studsâI offered him a set for a shillingâhe said he could not afford that, he had got but sixpenceâI said, "Here is a tarnished set you can have for sixpence"âhe stood considering, and at last he said, "I will take them"âas he was giving me the sixpence he turned and said, "I will have this set"âI said, "No; these are 8d."âhe then said, "Give me the six-pence back"âI said, "No; it won't do, this is bad"âhe told me he did not know it was badâI said I would send for a policemanâhe said, "I hope you won't lock me up, master?"âI said, "Where is your pal?"âhe said, "I have got no pal"âbut I had seen one with him, about his own sizeâI sent for the policeman, and gave him the sixpence.

WILLIAM LITTLE (policeman). I took the prisonerâthe last witness gave me this sixpenceâthe prisoner said, "It is a shame to lock me up"âI said, "I must take you, the gentleman gave you in charge"âthe prisoner said he had no abode nor any occupation.

WILLIAM WEBSTER . This is counterfeit.

GUILTY . Aged 21.â Transported for Seven Years.

1008. GEORGE JONES , unlawfully uttering counterfeit coin.

MESSRS. ELLISandBODKINconducted the Prosecution.

WILLIAM ADDISON . I am a fishmonger, and live in Old-street Road. On 17th Sep. the prisoner came to my shop about 7 o'clock in the evening for 6d. worth of oysters, unopenedâhe paid me with a 5s. pieceâI gave him a half crown and two shillingsâhe left the shopâI looked at the 5s. piece, and I found it was badâI went to the door to look after the prisonerâhe was goneâI kept the 5s. piece in my hand till I gave it to the policemanâit was marked in my presenceâthis is it.

Prisoner. When you first came up you said you could not swear to me. Witness, No; I never had any doubt about you; I never said I had any doubt; I did not say that you came about 4 o'clock in the afternoon.

JOHN FLOWERDAY . I am a pork-butcher, and live in Hoxton. On Thursday evening, 30th Sep., the prisoner came about half past 8 o'clock for a penny saveloyâhe gave me a bad sixpenceâI showed it to my fatherâit was not out of my sightâwe kept the prisoner, and sent for a constable, and gave him the sixpence.

Prisoner. You opened the drawer and put the sixpence in, and said it was a bad one. Witness. I never opened the drawer; I never put the 6d. in the till; the till was not opened.

MR. BODKIN. Q. Did the prisoner say anything? A. He said he had got no more money.

WILLIAM WARD (policeman, N 370). I took the prisonerâI got this sixpence from the last witnessâI found one good penny on the prisoner.

JURY. Q. Did Mr. Addison doubt the identity of the prisoner? A. No; I never heard him.

WILLIAM GEORGE JUDGE (police-sergeant, N 26). I received this crown piece from Mr. Addison.

JURY. Q. The prisoner states that Mr. Addison had a doubt about the identity of the prisoner? A. Not in my presence; he did not.

WILLIAM WEBSTER . These are both counterfeit.

Prisoner's Defence. I only offered the sixpence; I never offered the crown piece at all; I never was in his shop in my life.

GUILTY . Aged 21.â Confined Twelve Months.

1009. WILLIAM REARDON was indicted for a like offence.

NOT GUILTY .

1010. ELLEN SMITH was indicted for a like offence.

MESSRS. BODKINandCLERKconducted the Prosecution.

HENRY GAYFORD . I am shopman to Mr. Haines, a stationer, in King's-road. On 11th Oct. the prisoner came, a little before 9 o'clock in the evening, for a halfpennyworth of paper, and a halfpennyworth of envelopesâshe gave me a shillingâI bent it with my teeth, and told her it was a bad oneâshe said that was not the shilling that she gave me, but I had changed itâit was never out of my hand from the time she put it on the counter till I bent itâafter I bent it, I broke it in two with my fingers, and gave her the largest portionâI kept the other, and gave it to the inspectorâafter I had given the prisoner the large piece, she tried to get awayâI went to the door and kept her backâa person went for a policeman, and she was takenâI did not see what became of the piece of the shilling that I gave the prisoner because I left the shop when the constable came.

EMILY CAPENER . I am a cousin of Mr. Haines. On 11th Oct. I was in the

shop when the prisoner was thereâI did not see her give the shilling to Gayford, but I saw him try the shilling, and it bentâhe told her it was badâhe broke it, and gave her a partâwhen the constable was sent for I saw the prisoner put her hand to her mouth, and she was chewing somethingâI said to her she had put something into her month, and she made no answerâbefore the constable came, she said, "It is no use sending for a constable; you cannot prosecute; I have got the piece of the shilling, and you shall not see it again"âthe constable came soon after, and took her into custody.

JAMES GREEN (police-sergeant, B 31). I was called, and the prisoner was given into my custodyâshe was charged with passing a bad shillingâit was remarked by the last witness that the prisoner had put one part into her mouthâthe prisoner made no answerâI did not look in her mouthâshe was searchedâno part of a bad shilling was found on her.

WILLIAM CUMMINGS . I am an inspector of police. I produce this part of a shilling that I received from Gayford.

WILLIAM WEBSTER . This is a fragment of a bad shilling.

Prisoner's Defence. I gave him a shilling; he put it into the till, and took another one out, and said, "This is a bad one;" be took it in to his master, and his master came out, and said, "I am going to lock you up;" I said, "What for?"âhe said, "For offering a bad shilling;" I did not know it was bad; he gave me a little piece of a shilling; I dropped it in the shop.

GUILTY . Aged 17.â Confined Six Months.

1011. ALFRED ASTBURY was indicted for a like offence.

MR. CLERKconducted the Prosecution.

EDWARD GEORGE KEELER . I am a licensed victualler, and live in Ebury-place, Pimlico. The prisoner came to my place on 15th Oct. for a glass of porterâhe gave me a shillingâI put it into the detector, and found it was badâI told him soâhe said, "Is it? let me have it again; my mother gave it me this morning in change"âI gave it him back, but I had cracked it quite acrossâhe gave me another shilling, which was goodâI put it into my detector, and it just bent, but I am satisfied it was a good oneâI laid it down, and, before I could get the change from the till, he took that shilling up, and gave me another good oneâfor the last good shilling I gave him change.

ELIZABETH KATE DUNN . I am servant to Mr. Parkham, a pork butcher, in Queen's-road, Chelsea. On 15th Oct. the prisoner came into the shop, about half past 12 o'clockâhe asked for a penny saveloyâI was in the parlourâI came into the shopâhe had taken the saveloy out of the window, and it laid upon the counterâhe gave me a shilling in paymentâI looked at it, and bent it with my teethâI told him it was a bad oneâhe said if it was bad he would go home and get another oneâI took the shilling to my masterâhe came into the shop, and asked the prisoner if he had got any moreâhe said he had notâmy master said he would give him in charge, and he ran out of the shop.

Prisoner, When I gave you the shilling, you opened the drawer and put it in. Witness. No, I did notâI took the change out of the tillâI took up the shilling, and bent it with my teeth.

JAMES PARHAM . I am a pork butcher. I received the shilling from the last witnessâI tried it with my teeth, and found it was badâI said to the prisoner, "I shall lock you up"âhe ran out of the shop, but was brought back againâhe asked me to let him goâhe said he had never been locked up beforeâI gave the shilling to the officer.

JOHN KIFT (policeman, A 224). On 15th Oct. I saw the prisoner running

out of the last witness's shop as fast as he couldâhe ran about a quarter of a mileâhe was stopped by a strangerâI searched him, and found on him a good shillingâI took him back to Mr. Parbam's shop, and received this counterfeit shilling from him.

WILLIAM WEBSTER . This is a bad shilling.

GUILTY . Aged 18.â Confined Twelve Months.

1012. MARGARET CARTER and MARY FRANCIS were indicted for a like offence. MESSRS. CLERKandELLIS, JUN., conducted the Prosecution.

JOHN COVER . I am a butcher, in James-street, Covent-garden. On 21st Sept. the two prisoners came about six o'clock in the evening; they asked for a sheep's heartâit came to 3d.âFrancis tendered a bad half crownâI did not see it at first, but I heard it ring, and pronounced it badâI gave it back to Francisâshe said that they took it from the baker's, and she would go and get it changedâthey went out and I followed themâthey went down James-street, a little way down Hart-street, and passed by the Nag's Headâthey then looked round and returned, and went into the Nag's HeadâI waited outside, and saw them come out in about five minutesâthey then went down James-street, and went part of the way through Covent-garden market to the shop of Mr. Lucas, a fruitererâthey did not go in, but stopped outsideâthey went back to the Nags's HeadâI went in there, and they were given into custody.

Cross-examined byMR. PAYNE. Q. You have had a great deal of bad money lately? A. Yes; a great dealâmy aunt took this half-crown firstâI heard it ringâI then looked at it, and pronounced it badâmy aunt is not here.

MR. CLERK. Q. How did your aunt take it? A. Francis laid it on the deskâI was just by the blockâmy aunt took the half crown up and asked if it was goodâI pronounced it was badâit was not out of my sightâit was in my hand perhaps a minuteâI rung it, and returned it.

Francis. The lady took the half crown and placed it in the bowl. Witness. No; certainly not.

WILLIAM PODD . I am barman, at the Nag's Head. On 21st Sept the prisoners came in together about six o'clock in the evening, Carter called for half a quartern of gin and peppermint, which was 2d.âthey drank it, and Carter tendered me a half crown; I rung it on the counter, and thought it was badâI gave it to my mistressâshe put it between her teeth and bit it, and gave it to meâI returned it to the prisoner, and said it was a bad oneâCarter said she was quite innocent, that some gentleman gave it herâshe asked the other prisoner if she had any money, and she said she had only one penny, and asked if I would trust herâI said, "No"âCarter then laid her parasol on the counter, and said she would be back in a few minutesâthe prisoners left the shop, and as soon as they were gone the last witness came inâin a few minutes afterwards both the prisoners returned to the shop, and they were given into custody.

Cross-examined. Q. Did not Carter ask the prisoner Francis if she had got a penny, and add, that she herself had one penny? A. No; Carter asked her if she had any moneyâFrancis said she had only got a penny, and she pulled out two halfpenceâCarter did not ask me to trust her a pennyâshe did not say what, she asked if I would trust herâI said I could not, and she said, "I will leave my parasol, and be back in a few minutes."

asked for a hundred walnutsâthey came to a shillingâshe gave ma half a crown, and I gave her changeâboth the prisoners were at the shopâthey then leftâafter that my attention was directed to the half crownâit was in the tillâthere was no other money thereâI saw it was badâI took it and kept it in my hand till I got to the station, and gave it to the policemanâI had marked it.

WILLIAM BOYCE (policeman, F 71). The two prisoners were given into my custody at the Nag's Head, for passing a bad half crownâFrancis said that her friend, meaning Carter, said that a gentleman gave it herâFrancis gave her address at 12, Percy-street, Tottenham-court RoadâI produce a counterfeit half crown which I received from Emily Bird, and a counterfeit half sovereign which I received from Mrs. Lear, who lives at 12, Percy-street.

MARIA LEAR . I live at 12, Percy-street, Tottenham-court Road. The prisoner, Francis, lodged with me a fortnight; she occupied the third floor back roomâtwo days after she had left, which was on 21st Sept., I went to clean the room, and found a bad half sovereign wrapped in a piece of brown paper, under the coal boxâno one had been in that room from Tuesday, the 21st, till the Thursday, except the constable and the policeman, who went in on the Tuesday.

Francis. The officer went and searched the room, and nothing was found, and then two days after she said that she found this; it is not at all feasible that it should be so.

WILLIAM BOYCE . re-examined. I searched the room on the Tuesday evening; Mrs. Leary's husband went in with meâI did not look under the coal box.

WILLIAM WEBSTER . This half crown is bad, and the half sovereign also.

CARTERâ GUILTY . Aged 23.

FRANCIS GUILTY . Aged 22.

Confined six Months.

1013. WILLIAM WOOD was indicted for a like offence.

MESSRS. BODKINandELLIS JUN., conducted the Prosecution.

SAMUEL SCRATCHLEY . I keep the Ball's Head public house, Bromley St. Leonards. On 16th Oct. the prisoner came about 9 o'clock in the evening; he asked for half a pint of beer, which came to a penny, and he gave me a half sovereignâI gave him in change a half crown, three shillings, eight sixpences, one fourpenny piece, and two halfpenceâI particularly noticed the half crownâafter I had served another customer with a quartern of gin the prisoner put back a half crown, and he said, "I don't like this"âI said, "I don't like it neither, but that is not the one I gave you"âhe said I must have given it him, for he had no other money about himâI had noticed that the half crown I gave him was George the Third's, and the one be gave back was a Victoria, with a mark on the head, rather scratchedâI called a constable, and the prisoner was searched in my private parlourâhe pulled off his boot himself, and put it under the chairâI took the boot and said, "If there is a half crown here, it is George the Third's half crown"âthe policeman took it, and in it was a George the Third half crownâwhen I sent for the policeman, the prisoner tried to get awayâI collared him back, and called on three persons to assist me.

Cross-examined byMR. REEDQ. You gave him a half crown, and he put back a half crown? A. He tendered it back to me on the counterâhe had not it in his hand, he put it on the counter and said, "I don't like this"âI said I did not like itâhe said I must have given it him, for he had no more money about him, but afterwards he had a half crown beside.

RICHARD AMOS (policeman, K 339). The prisoner was given into my custody by the last witnessâI have a bad half crown, which the prisoner gave me before I searched himâhe said he had received it of the landlord and he had no more moneyâI took him into the apartment to search him, and while I was searching his jacket and waistcoat, the landlord took his boot up and there was a half crown in itâI found on the prisoner three shillings, eight sixpences, a fourpenny piece, and a penny, all goodâthe prosecutor said, when this half crown was produced that he had given him a George the Third's half crown, and this was itâI took the prisoner to the station, and as we were going he said, "I suppose I shall get six months for this; I have been at work for Mr. Mayer, and when I was paid I found I had a bad half crown; I went back, and they refused to change it, and being a poor man I thought I had better try and get rid of it."

WILLIAM WEBSTER . This is a bad half crown, of the reign of Victoria, and this other is good, of the reign of George the Third.

GUILTY . Aged 27.â Confined Six Months.

1014. ELLEN WARDOUR was indicted for a like offence.

MESSRS. CLERKandELLIS JUN., conducted the Prosecution.

ELLEN BOND . My father keeps a baker's shop, in Old Brentford. On 7th Oct. the prisoner came about 3 o'clock in the afternoonâshe purchased 4d. worth of biscuitsâshe gave me a sovereignâI bad not change enoughâI went to the next houseâMrs. Goldsburg gave her the changeâthere was 19s. 6d. in silverâthe prisoner said she particularly wished a half sovereignâI said I bad two half sovereigns upstairs in my purse, and I would take the sovereign, and get the two half sovereigns, which I didâI laid one half sovereign down before the prisoner, and I went round the counter to put away the changeâwhen I got round the prisoner rang the half sovereign on the counterâI said to her, "Don't you like that; you may have this one" I took up the half sovereign that she had laid down, and it was a bad oneâI believe the one that I had given her was good, I received it from my fatherâI had kept the two half sovereigns with some sovereigns I hadâI had no other half sovereignâthe prisoner left the shopâafter the prisoner was gone my father came in the shopâI gave him the half sovereign.

Prisoner, Q. Did you not say that your drawer was not locked, any one might have changed it? A. The Magistrate asked if my drawer was lockedâI said it was not always.

JAMES BOND . I am a baker, at Brentford. About six weeks ago I gave my daughter two half sovereigns, and five sovereignsâI weighed the half sovereigns before I gave them to herâthey were goodâon the 7th Oct. I was called into my shopâmy daughter gave me what appeared a half sovereignâI found it was badâI got a policeman, and went to the Wagon and HorsesâI saw the prisoner there, and two menâthey were all three taken in custody.

JOHN SMITH (policeman, T 92). On the 7th Oct. I was on duty, at Old Brentford, about 3 o'clockâI went to the Wagon and HorsesâI saw the prisoner there, standing by the doorâI told her she was charged with uttering a bad half sovereign, ringing the changes, and she had been with two men in a horse and cartâI went into the public house, and the two men were pointed out to meâI took the prisoner and one of the menâthe other man went out at the doorâanother officer came up, and he went after him and took himâat the station one of the men said he was only giving the prisoner a rideâI found on one of the men 27s. in silver, a half sovereign

and some copperâon the prisoner there was a half sovereign and some silverâI received this half sovereign from Mrs. Bond.

WILLIAM WEBSTER . This is a bad half sovereign.

Prisoner's Defence (written). I am entirely innocent, and by a careful investigation of the witnesses it will be fully proved; Ellen Bond stated at the Police-court, on being cross-examined, that the half sovereign now produced might have been the same that she gave to the prisoner in change, and she did not see the prisoner change the one she gave her; she had the two half sovereigns by her a month or upwards, and where she deposited them any person in the house could have changed them, as she never kept her drawers locked, and when her father gave her the two half sovereigns she never examined them, and cannot say whether they were good or bad; Mr. Bond stated the two half sovereigns he gave his daughter were both good; he gave them to her about four or five weeks ago, and his daughter's drawers and boxes were always kept locked, and no one in the house could have any access to them; this statement of Mr. Bond differs entirely with the last witness, his daughter, who stated that her drawers where she kept her money were not locked, and any one in the house could have gained an easy access to them; it is plain and evident that the whole of the case rests upon the evidence of Mr. Bond, and his statement is nothing more than supposition; it is impossible for him to swear the half sovereign now produced was changed by the prisoner for one of those he gave his daughter four or five weeks back, as he was not in the shop at the time, and saw nothing that transpired between the prisoner and his daughter, and Ellen Bond likewise says she did not see the prisoner change the half sovereign she gave her, but acknowledged at the Police-court that there was a bad half sovereign in the shop in a box where they keep their scales behind the counter, and the other witnesses, Miss Goldsburgh and the policeman, saw nothing of the occurrence; I certainly did not know the half sovereign was a bad one, and should have taken it bad not the witness Ellen Bond offered me another one, while she was examining it on the counter.

GUILTY. Aged 17.âRecommended to mercy, believing her to be the dupe of others.

Confined Four Months.

1015. JAMES BARRY and CHARLOTTE ALLEN were indicted for a like offence.

MESSRS. BODKINandCLERKconducted the Prosecution.

THOMAS RICE . On 30th Sept. I was selling fruit in a barrow, in Brewer-street, golden-squareâthe prisoners came up, and Barry asked for a pennyworth of pearsâhe gave me a half crownâI gave him a shilling, with a Queen's head on, and a sixpenceâI was going to give him the rest in halfpence, when Allen said, "Never mind changing the half crown," and she produced a pennyâBarry gave me back a shilling and a sixpence, and I saw that the shilling was one with a King's head on itâthe prisoners immediately leftâI saw the shilling that Barry had given me was badâI put it to my mouth, and bent itâI went with a policeman after the prisonersâI saw them by the stall of a woman who was selling fruit at the corner of Carnaby-streetâwhen Barry saw me he ran away, but he was pursued, and stopped, and given in chargeâI had the shilling in my hand, and I gave it to the policeman at the station.

Cross-examined byMR. REED. Q. What time was this? A. About 3 o'clock in the afternoon: I had received the shilling that I gave to Barry

on the same day, at the stallâwhen he gave me the half crown I gave him the 1s. 6d. immediatelyâhe was standing by meâI noticed the Queen's head on the shilling I gave him, because it was the only shilling I hadâI am very particular in noticing whether there is a Queen's head or a King's head on my shillingsâI am confident I gave him a Queen's shillingâthe sixpence had a Queen's head on itâit was all the silver I hadâI kept it in my pocketâit is generally my custom to put money into my pocket, and not to take it out till I get home, or till change is requiredâI saw at once that the shilling Barry gave me was badâI allowed him to go away, as I did not like to make any alarm about it, and I did not see any policeman aboutâwhen Barry received the 1s. 6d. from me, Allen said something, and Barry immediately handed the money back to meâhe stood in front of me.

MR. BODKINQ. Though he stood in front of you, and handed you back the change immediately, are you perfectly sure that he gave you a shilling which was not the one you gave him? A. Yes.

CHARLES BROWN (policeman). In consequence of what the last witness said, I went, and saw the two prisoners at a fruit stall, at the corner of Carnaby-streetâas I approached them, Barry said something to Allen, and he ran away immediatelyâas he was going he threw something away, which appeared like silver, but I could not say it was silverâit fell down a grating in the streetâhe was stopped by a gentleman soon afterwards, and was handed to meâI took him to the stationâI found on him 7s. 6d. in good money, and one counterfeit shillingâhe said, "You won't find any more; that is all I have"âI received this counterfeit shilling from the last witnessâwhen I went in pursuit of Barry, I gave Allen in charge of another officerâshe was searched by a female, who gave me 1s. 4 1/2 d.âthe prisoners denied all knowledge of each other, and said they had met one another in the street that morningâAllen gave her address at 20, Brunswick-street, New-roadâI went there, and no such person was known.

Cross-examined. Q. How far was the last fruit stall from the stall of the first witness? A. About 300 yards; the prisoners were standing before, apparently dealingâwhen Barry saw me coming he ran away, when I was twenty yards from them he turned round, saw me, and spoke to Allen, and then ran awayâhe threw away something that looked like silverâI was then about ten yards from himâthere was a convenient sink which it fell intoâit was a sink where the water runs downâI heard what he threw jinkâI stated that in my examinationâBarry gave his address, which was correctâwhen he ran, he ran 300 or 400 yardsâI was in sight of him all the time.

MR. CLERK. Q. You found where Barry lived, and did you find that Allen lived there too? A. Yes, with him, the last three months.

WILLIAM WEBSTER . These shillings are both counterfeit, and from the same mould.

BARRYâ GUILTY .* Aged 24.â Confined Twelve Months.

ALLENâ GUILTY . Aged 22.â Confined Six Months.

1016. THOMAS WILSON and HENRY LOVETT were indicted for a like offence.

MESSRS. BODKINandELLIS, JUN., conducted the Prosecution.

MARIA HARRIS . My husband keeps a beer-shop in the Strand. On 1st Oct. the prisoners came there, at a quarter before 11 o'clock at nightâWilson asked for two glasses of ale, and bread, and cheese, and celeryâI gave it them, and they both partook of itâWilson gave me half a crownâI

gave him one shilling, a sixpence, and 3d.âI placed the half-crown in the tillâthere was no other half crown thereâafter that a gentleman came in for a glass of ale, and he gave me a sovereign for changeâI told him I had not change, but I would get itâI asked the prisoners if they could oblige me with change for a half sovereignâWilson said he could, and then he said he had not sufficient silverâLovett offered to lend him two shillings, and then he said, "Never mind; it will be losing time"âI went out to get change, and left my husband in the barâI received no half crowns in change for the sovereignâmy husband took out the half crown which I had put into the till before, and it was bad.

WILLIAM HARRIS . I remember my wife going to get changeâwhen she was gone I said I was very short of silverâWilson said, "You speak of a scarcity of silver; I can let you have 50l. worth to-morrow morning, and I can assist you now"âhe then gave change for a half sovereign, in one half crown and the rest small changeâI placed the half crown in the till, where there was another half crownâsoon after Lovett offered me half a crown to pay 4 1/2 d.âI told him the half crown was bad, and Wilson inquired where he got it fromâLovett said he took it of a girlâWilson then proposed to pay me, and he gave me another half crown, and I found that was badâI then thought it necessary to go and shut the doorâWilson tried to make his escapeâhis fingers were in the door, and I told him if he did not take them away I would pinch them offâmy waiter came up, and dragged him away from the doorâa policeman was called, who took both the prisonersâI went to the tillâI found three half crowns thereâone, which the waiter had brought me in change, was good; the other two that I had taken of the prisoners were badâI gave them to the policeman, and the last two that the prisoners had offered me.

Cross-examined byMR. METCALFE. Q. Did you not find three bad half crowns in the till? A. No, only two; I was not present when my wife put this half crown in the tillâI was present when she sent out for changeâthere was a gentleman there having a glass of ale, and he gave a sovereign; there was no one else thereâI have no barman nor barmaid, only my wife, and myself, and a waiterâthe change that the waiter brought was put in the tillâmy wife had returned before the last half crowns were tenderedâLovett was in my debt 4 1/2 d.âI could not be certain whether a fourpenny piece and a halfpenny was tendered for thatâthere were two half crowns tendered for it, and I think Wilson offered. me a fourpenny piece and a halfpenny; but I would not like to say for certain, for I went and closed the door.

MR. BODKIN. Q. You were there when the waiter came back with change? A. Yes; I did not see what he put in the tillâfrom the time that my wife went out till I went to the till to take out the three half crowns no one had been to the till.

Cross-examined. Q. Were the two last half crowns you took from the prisoner put into the till? A. No; I do not think that I put them down at all; if I did I laid them on the counter.

MARIA HARRIS re-examined. From the time I put the half crown into the till, until I went out, no one went to the till.

CHARLES POWELL (policeman, F 58). On 1st Oct. I was called, and took the two prisoners in custodyâI received two counterfeit half crowns from the landlord, and then he looked in the till and took out two more, and gave meâthese are them.

Cross-examined. Q. Did you search the prisoners? A. Yes; I found some good money on each of them.

WILLIAM WEBSTER . These half crowns are counterfeit, and two of them are from the same mould.

WILSONâ GUILTY .* Aged 27.â Confined Two Years.

LOVETTâ GUILTY . Aged 26.â Confined Twelve Months.

1017. HENRY HOWARD was indicted for a like offence.

MESSRS. CLERKandELLIS, JUN., conducted the Prosecution.

ALFRED KATSCH . I am shopman to Mr. Silberberg, a tobacconist, in Fleet-street. On Wednesday, 13th Oct., the prisoner came, about 6 o'clock in the evening, for half an ounce of tobacco; it came to three halfpenceâhe offered me a half crownâI gave him change, and he left the shop directlyâI left the half crown on the counter; Mr. Silberberg looked at it directlyâit was the same I had of the prisonerâhe tried it, and cracked it, and put it on the glasscaseâon Thursday, the 14th, the prisoner came again, about the same time in the eveningâhe asked for half an ounce of tobacco, and gave me a bad shillingâI saw it was bad directly, and told him soâhe could not understand meâI rang the bell, and Mr. Silberberg came downâthe prisoner ran out; he did not take his tobaccoâI ran after him, and brought him back with a constableâwhen he came on the Thursday, I recognized him againâI am sure he is the same person who came on the Wednesday.

Prisoner. Q. Had I got the same dress on on Thursday that I had on the Wednesday? A. I believe so; I knew your faceâI did not know your dressâyou had a jacket and cap on.

LOUIS SILBERBERG . I live at 194, Fleet-street. I received a half crown from my shopman on Wednesday, 13th Oct.; I found it was badâI cracked it, and put it on a glassâI told my shopman to be careful, as the person who passed it would be sure to come againâthe next day I received a shilling from my shopmanâI sent him for a constable, and he came and brought the prisoner backâI put the shilling on the counterâthe prisoner seized it, and tried to swallow it.

AARON HUGHES (City-policeman, 346). I was called to the shop on the 14th; the prisoner was charged with uttering counterfeit moneyâI came up with him about six yards from the shop doorâI received this half crown from the last witness; he gave me this shillingâI put it back on the counter, for him to mark itâthe prisoner snatched it up, and put it in his mouthâI seized him by the throat, and after two or three minutes he put it outâhe said he believed he had uttered the shilling, but not the half crownâI found on him three duplicatesâhe told me he only came into London the night before.

WILLIAM WEBSTER . These are both bad.

Prisoner's Defence. I am innocent of the half crown; I gave the shilling, not knowing it was badâI will take my oath I was never in the shop before.

1019. JOHN LEWIS was indicted for the wilful murder of Richard Stannett.âHe was also charged on the Coroner's inquisition with the manslaughter of the said Richard Stannett.

MESSRS. BODKINandSLEIGHconducted the Prosecution.

JOSEPH RAWBONE . I am a shoemaker, residing with my brother in Old Brentfordâthe deceased Richard Stannett was an apprentice to my brother. On Tuesday morning, 12 Oct., about half past 10 o'clock, the prisoner, the deceased, and I, were in the shopâthere was some joking going on between the prisoner and deceasedâthe deceased began joking the prisoner, and in a playful manner he got up and went towards him as he sat on his seatâhe got up and they caught hold of each other by the arms, and straggled and twisted aboutâthe prisoner got into a terrible rage, and told Stannett that unless he sat down he would stick his knife in himâI saw the prisoner take the knife off his seat, and I caught hold of his hand, and told him I would not let his hand loose until such time as he promised to put the knife downâhe would not put it down at first, but after a short time he agreed to put it downâhe said be would put it downâI believe he did put it down, but I could not swear that he didâI saw him make a thrust at the deceased with the knifeâStannett had before that given him a slight tap on the face as he was loosing his holdâit was immediately afterwards that he stabbed the deceasedâhe stabbed him at the bottom of the stomachâthe deceased staggered back and cried out that the prisoner had done it at lastâI accompanied him to Mr. Baker'e, a chemist, and then I went off for a surgeonâthis was a knife that the prisoner was in the habit of working withâit was a regular shoemaker's knifeâthis is it (produced).

COURT. Q. How long did he live? A. I believe he died the next dayâI do not know exactly.

Cross-examined byMR. BALLABTINE. Q. Had you been tormenting this young man the whole day? A. No; we had been in the habit of joking togetherâthe deceased and I had not been worrying him all day long, we had been larking with one another, as was our regular practiceâI never was in a shop yet where larking was not carried onâI did not put wax up his seatâthe deceased didâthat is no great matterâhe did so that morningâI began to play with him that morning, not intending any harmâwe made a practice of tapping each other on the face or on the backâhe did not get all the tapsâI never struck him with the intention of doing him any harmâI will not say but what I have hit him, but it was merely in playâI did hit him that day, but not to hurt himâthe deceased had not struck him that I know ofâI could not swear itâthere were only us three working in the shop.

Q. Of course, when you stuck the wax on his seat and he stuck to it, you thought it very amusing and laughed at it? A. Why, I have the same cause to complain of it, the seat of my trowsers is entirely covered with waxâit was merely larkingâI took no notice of itâI believe the deceased was about 17 years oldâI believe the prisoner has complained to my brother once or twice of the conduct of the deceased and myself towards himâat the time this matter occurred the prisoner was not employed in cuttingâhe was sewing a shoeâthe knife was on his seat beside himâit is impossible for me to say what the deceased was going to do to himâit appeared as though he was going to play with him in his usual wayâhe was a very larking young manâhe was always larking, and he was laughing all the timeâhe was not much put outâthe prisoner would sometimes kick at his larks, but he was as fond of joking as any one elseâthe deceased went up to him in a playful mannerâI

do not know whether he went up to him as if to strike himâI had not hold of the prisoner at that timeâI took hold of him when I saw the knife in his handâI did not hit him over the headâI will swear thatâthe deceased tried to hit him several times while they held each other, but he could not hit him; in his playful manner, he was laughing at him, and calling him his pretty pet, and so onâI never thought for a moment that he intended to do him any harm, we did not think he would put his threats into executionâthe deceased had an apron onâmy brother had told us not to carry on this larking while we were in work hoursâafter the prisoner had taken the knife I caught hold of his hand, and the deceased had hold of him also.

CHARLES BLAKE (policeman). In consequence of information, I west to Mr. Baker's, a chemist, at Brentford, and there found the deceasedâhe was wounded in the bellyâI went to the place where the prisoner was, and took him into custodyâI told him I took him on a very serious charge, for stabbing Richard Stannettâhe said, "Have I hurt him much, I did not think I had hurt him?"âI told him he had stabbed him in the belly, and it was a very serious jobâhe said he was sorry for it, that he aggravated him, and that drove him to do itâI asked where the knife was, he said it was on his seat, and it was an old knifeâhe said they had aggravated him, and he had picked up the knife, but he did not think of hurting him, only to frighten himâI found the knife where he said, and have produced it.

FRANCIS BUCKLAND . I am house surgeon at St. George's Hospital. The deceased was brought there on 12th Oct.âI examined him, and found a wound in the lower part of the abdomenâthat wound was the cause of deathâhe died next day at 8 o'clock.

Cross-examined. Q. What was the situation of the wound? A. It was in the left groin, pointing downwards and inwardsâthat might have been the result either of a blow or an accident.

MR. BODKIN. Q. I suppose that would depend among other things a good deal on the position in which the deceased was? A. Very much so.

COURT. Q. What was the internal injury? A. The small intestine was nearly cut in two, and the bladder was punctured at the top, and there was also very acute inflammation of the whole of the intestines.

(The prisoner received an excellent character.)

GUILTYof Manslaughter. Recommended to mercy by the Jury, in cousequence of his previous good character, and the great aggravation he received. âAged 22.â Confined Nine Months.

1020. JOHN CONNELL , feloniously forging and uttering a request for the delivery of goods.

ANN DONALD . I am the wife of David Donald, I keep a chandler's shop in New Compton-street. I know the Rev. Mr. Welch, he is one of the curates of St. Giles's-in-the-Fields; I am in the habit of delivering goods to some poor people on his orders. On 4th Oct. a little boy brought what appeared to be one of Mr. Welch's ticketsâthis is it; it says, "Mrs. Donald

will please to give bearer two ounces of tea, half a pound of sugar, and two pounds of bread. William Welch: Oct 4th, 1852"âThis is the usual form of Mr. Welch's ticketsâI let the boy have two ounces of tea, half a pound of sugar, and two pounds of breadâwhen the boy went out of the shop I watched him, and saw him give the goods to the prisoner, who was about three doors from my shopâthe prisoner went away with the goods, and the boy went with him.

Prisoner. Q. Did I receive any goods from you? A. No; the boy did.

COURT. Q. Was there any other ticket brought to you? A. Yes; on the day afterwards, when I gave the prisoner in chargeâthat was brought by a man named James Blanch, who was before the Magistrate.

Prisoner. Blanch wrote both the tickets.

(James Blanch being called, did not appear.)

REV. WILLIAM WELCH . I was acting as curate of St. Giles's-in-the Fields. I have been in the habit of giving tickets for the delivery of goods to the poorâthis order is something like my writing, but it is notâI had seen the prisoner the day before; he came to me for relief; I refused him, not knowing himâI said I should have the case investigated, and if it required relief he should have itâI generally insert the name of the bearer in the ticket, which is just the difference between this ticket and mineâI do not know anything of Blanch.

WILLIAM SMITH (police-sergeant, E 16). I took the prisoner into custody on 5th Oct.âhe was pointed out to me by Mrs. Donaldâas I took him he said it was not him that wrote it, but BlanchâI charged him with uttering forged orders.

Prisoner's Defence. It is my first charge since I have been in London, that is nineteen years; I hare two children without a mother; I wish to call Francis Jones, who lives in Dudley-street I do not suppose he is here; he is the man who saw Blanch write this note; I did not utter it; I did not go with it, how could I utter it? if that man were here be could say that he saw Blanch write more.

SAMUEL STERN . I am a dealer in jewellery, and live in Jewry-street. On Saturday, 9th Oct., I was standing near the Trinity-house, in Trinity-square, Tower-hill, a little after 8 o'clockâthe prisoner came and accosted me; she asked me to take a walk with herâI said, "No, thank you, I am waiting for a friend"âshe came close to me, put her hand round me, and she again said, "Do come with me"âI objected to itâI said, "No, thank you, I am waiting for a friend"âshe then walked away, but by taking her hand away she lifted the flap of my coat, and that gave me suspicionâI put my hand to my pocket and missed my purseâI had two coats onâI am not positive whether the prisoner had her hand between my two coats or under themâmy purse contained two 10l.-notes, three 5l.-notes, about 15l. in gold, and 10s. or more in silverâI had my purse in my side pocket, on my left handâwhile I was feeling my pocket a man rushed from the middle of the square, and got on the pavementâhe got fast hold of roe by the collar of my coatâI had missed my purse before he came upâI struggled, tore myself away from him, and followed the prisonerâI overtook her about fifty yards from where I had the struggle with the manâas I was taking hold of

her I observed the money lying on the ground, and I heard the noise of the money running downâI could only see the gold, not the notes; they were in the purseâI asked her where my purse was, and she pointed to it on the groundâI stood between the notes and the goldâshe pointed behind me, and said, "There is your purse"âI picked up the purseâthe gold and silver was all out of itâthe notes were in itâI called "Police!" before I picked the purse upâa policeman came, and I gave the prisoner into custody.

Cross-examined byMR. O'BRIEN. Q. Was where you were standing a thoroughfare? A. Yes; I had been standing there about five minutesâI had not been talking to the prisoner above two minutesâwhen she came up and accosted me, she came close upon my standingâI had a coat on similar to the one I have on nowâI had two coats on, neither of them were buttonedâmy purse was in my inner coat pocketâI called "Police!" before I saw the purseâI stood very quiet till I got hold of herâwhen she first left me, she was walking very slowly; but when I began to pursue her, she ran very fastâI did not call "Police!" till I had hold of herâa great many people came up besides the policemanâI had no memorandums in the purse; the silver was separate from the gold, and also from the notesâthe purse could not so easily get loose, and fall from my pocket; it might do soâif it fell the silver and gold would get loose from the notesâI took the purse from the ground; this is itâI saw the gold on the pavement as I came up, and got hold of the prisonerâthe gold was just where she was standingâI heard the money falling down before I got bold of her, but I did not see itâshe had gone a very short distance after I heard the money fallâI had felt my purse safe before I came to the square, about half an hour beforeâI had seen it about an hour before, at homeâI had not been drinking at all.

MR. GIFORD. Q. Where did you come from to the square? A. The Minories; in going to the square I did not go past the place where I afterwards found this goldâI went quite in a different direction.

COURT. Q. Where had you been before? A. In a cigar shop in the Minories, talking; I felt the purse safe after I left the cigar shopâI walked very slowly from the Minories to the squareâI was speaking to a friend.

GEORGE CROUCH (City-policeman, 534). On that night I heard a cry of "Police"âI went to the place and saw the prosecutor, who had hold of the prisonerâhe stated to me that she had robbed himâhe asked the prisoner where the purse wasâshe said, "There it is"âhe turned round, and it laid on the pavementâthe prosecutor picked it up, opened it, and said, "My notes are all right"âthis is the purseâthe gold and silver was strewed on the pavement, close to where the purse wasâthe prosecutor picked up the gold and silver.

Cross-examined. Q. How far were you from this place? A. About twenty yards; I was not within sight of themâthey were just out of the square, and I was in the squareâthe purse was about a yard, or a yard and a half from the prosecutorâit was within a yard or two of the gold and silver.

GUILTY .* Aged 34.â Transported for Seven Years.

1022. JOHN JONES, RICHARD IRVIN, JAMES HANNON , and WILLIAM BENNETT , burglariously breaking and entering the dwelling house of John King, stealing 1 pair of boots, and other articles; his property.

JOHN KING . I keep the Queen's Head, at Chelsea. On Sunday night, 10th Oct., I went to bed about half past 12 o'clock; I was last up in the houseâthe house was all fastened upâthe back kitchen window was shut, but I found in the morning that it was not buttonedâthe shutters were

fastenedâany person getting in the house that way would have to open the windowâI was called about half past 5 the next morningâI was the first that was downâI found the things in the bar very much disorderedâthe first thing that attracted my attention was the cigar box on the counterâI missed some cigarsâI found my little drawers on the floorâI missed a bag of coins of various kinds, silver and copperâI had been in the habit of putting them away for yearsâI missed my little boy's boots, which he had taken off and left in the barâI missed a silk handkerchief and a pocket handkerchief from the barâI examined the back kitchen shutters; they were broken in picesâa person by breaking the shutters could open the window and get inâthe window opened outsideâif a person got in the house by that window, he would have access to the bar, and to any other part of the houseâno part of the house was disturbed beside the barâI have seen the boots since, a part of them has been cut awayâthere is a wall in the rear of my house about seven or eight feet high, and the next morning I found this shoe on the outside of that wall.

GEORGE MEAD (policeman, V 156). I apprehended all the prisonersâI took Jones and Irvin, at Mort lake, on the 14th instantâIrvin was holding a boat, and Jones was standing in conversation with a man, whom I afterwards identified to be HannonâI asked Jones where his companion wasâhe said, "There he is, holding that boat"âI went towards Irwin, and he ran away; but I took himâI found these boots on Jones; I asked him where he got themâhe said he bought them in Westminster of a boy for sixpenceâI found these straps in his pocketâI asked him to account for themâhe said he thought he picked them upâI received this one shoe from Mr. KingâI tried it on Jones, and it fitted him well.

Hannon. He never took me at all. Witness. Yes; I took the other two prisoners at Norbiton-common, about two miles from Kingston, in Surrey, on the Following morningâHannon was at work with Bennett, or rather he was sitting downâI had another officer with meâI told Hannon and Bennett what they were charged withâthey denied all knowledge of the other two prisoners at firstâI searched Bennett and found on him these three copper coinsâone of them is a half anna, an East India coin; this other is a medal, and the third is a small Danish coinâI asked Bennett where he got themâhe pointed to Hannon, and said, "Jem gave them to me"âHannon replied, "You had better say I keep you altogether"âon the Saturday before that, I had gone to Mr. Collingbourn's, a pawnbroker, at Wandsworth, where I got two silver coins, which I have hereâwhen I went to take Hannon and Bennett, I took these two coins with meâI showed them to Hannon, and he said, "I received the large one from Little Dick, meaning Irvin, and the other I received from Cottage, which is a nickname for Jones, and I know them to be the pieces I gave to Amos Fuller to sell in Wandsworth"âhe said, "I knew you again; I knew you was after me, for I saw you take Cottage and Dick at Mort lake"âone of these coins is a half crown of George the Second, and the other a Spanish quarter dollar.

Hannon. He did not take me at all. Witness. They were both togetherâI cannot say which of us took him firstâI had another officer with me.

EDWARD MAISHMAN (policeman, V 111). I know this shoe belonged to Jonesâhe was brought into the station on the Saturday previous to the bur-glaryâI saw this button, and this patch on itâit hurt his heel, and it is cut down in this partâI am a shoemaker, and I took particular notice of it.

Jones. It is not my shoe. Witness. I have not a shadow of a doubt of it

âI said who it belonged to before the prisoners were apprehendedâI told the inspector, and he sent the officer after the prisoners.

JOSEPH HANSON (policeman, V 133). I went with Mead to take Hannon and Bennettâthey were eating their dinner out of a handkerchiefâI took up the handkerchief, and found one corner tied with a knotâI undid it, and found in it this small coinâit is a silver penny, of the reign of James the Secondâthis was on last Monday week, the 18thâI asked both Hannon and Bennett who the handkerchief belonged to, and Bennett said, "It is mine"âthis is the handkerchiefâI asked how the piece of coin came thereâBennett said, "It was given to me by Jem," pointing to HannonâHannon said, "I did not give it to him."

JAMESH STAPLETON COLLINGBOURNE . I am a pawnbroker, of Wandsworth. I purchased these two silver coins from Amos Fuller, on 11th Oct.âfor this half crown I gave 20d., and I think 4d. for this quarter dollarâ20d. is the value of this half crownâI doubt whether it is heavier than a modern half crownâI gave these coins to Mead.

AMOS FULLER . I live at Wandsworth; I work at brick-making and ground work. I had worked with Hannon and Bennettâon a Monday morning Hannon gave me four pieces of coinâhe asked me to see what they were, whether silver or goldâtwo of them were silverâthese are themâI took them to a watchmakerâI took them back to Hannon, and told him the watchmaker would not buy old silverâhe said, "Is there nobody else that does?"âI said I thought Mr. Collingbourne didâhe said, "Go and see what you can get for them"âI took the large one first, and he gave me 1s. 8d. for itâI then took the small oneâthese are the two piecesâI had seen Hannon and Bennett together two hours and a half before I had these pieces from themâI saw the four prisoners together in the Plough public house, at Battersea-riseâthe other two came in, after I and Hannon and Bennett had been in thereâthey had some beer all four together, and I had some with them.

PHCEBE GALE . I live at Norbiton. Hannon and Bennett lodged with me five or six monthsâthey left home on Sunday fortnight, about 4 o'clock in the afternoonâthey did not come home that night at allâHannon came borne on the Monday nightâI did not see Bennett till the Tuesday morning, when all the four prisoners came in to breakfastâI do not know where Irvin and Jones liveâI never saw them till that morning, when they all came in and breakfasted togetherâI said to Hannon, on the Monday night, that he ought to have stayed at home and done his work, and he said he had got plenty of moneyâI saw he was in a different handkerchief to what he used to wearâI asked him where he got it, and he said his woman had given it to him.

JOHN KING re-examined. I believe these coins to be mineâthis one I can swear to particularlyâthese copper coins are like what I hadâthis handkerchief is not mineâthese cut down boots belong to my little boy, the tops of them have been cut offâthese straps are the same kind as my child had, but I could not swear to them.

Jones's Defence. These boots I bought of a boy, in Westminster, for 6d.; I found the coins in a paper; Hannon and Bennett said, "What have you got there?" I said, "Some coins we have just found;" Hannon said, "You may as well give them to us," and we did; I did not know whether they were silver or metal; they said they were going to Kingston to work; we said we would go with them, and we went; this shoe does not belong to me; I had a pair like these, but not that one.

Hannon. I started from Kingston at 4 o'clock in the afternoon, to go to work; I met Bennett, and we went together; I stopped at my brother's all night, and went home the next morning; we saw these boys, and they showed us these coins; I said, "You may as well give them to me," and they did, and they came with us; I gave them to Amos Fuller, and he went and sold them; I gave these boys some of the money.

JOSEPH HANSON re-examined. I produce a certificate of Hannon's former conviction, at Clerken wellâ(readâConvicted Oct., 1848, of stealing 1 adze, 1 chisel, and other tools; Confined six months)âhe is the manâI had him in custody myself.

JONESâ GUILTY . Aged 16.â Confined Six Months.

HANNONâ GUILTY . Aged 22.â Confined Twelve Months.

BENNETTâ GUILTYof Receiving. Aged 19.â Confined Six Months.

IRVINâ NOT GUILTY .

THIRD COURT.âWednesday, Oct. 26th, 1852.

PRESENTâMr. Ald. SALOMONS; Mr. Ald. WIRE; and MR. COMMON SERJEANT.

Before Mr. Common Serjeant, and the Seventh Jury.

1023. JEREMIAH SULLIVAN , unlawfully obtaining by false pretences 7 and a half bushels of nuts, value 5l. 11s.; the goods of John Langley Plumbridge, with intent to cheat him thereof: to which he pleaded

GUILTY . Aged 25.âHe received a good character.â Confined Four Months.

1024. JOHN CONWAY , unlawfully uttering counterfeit coin.

MESSRS. CLERKandPOLANDconducted the Prosecution.

ELLEN AGGLETON . I am the wife or Thomas James Aggleton, who manages the Coach and six, at Westminster. On 21st Sept, between 9 and 10 o'clock in the morning, the prisoner came and asked for half a quartern of ginâhe threw down half a crownâI took it up, bent it in the detector, and said, "This won't do for me"âhe took it up, and threw down two penceâhe waited a few minutes, and then left without taking the ginâhe was not. tipsy, he was aware what he was doingâabout half an hour after he came again, called for half a pint of beer, and threw down a pennyâafter that he was leaning on the bar, and had the half crown which he had offered me in his hand, and some shillingsâhe dropped a quantity of base shillings on the floor from his hand, and the half crown on the counterâI had mentioned about the half crown to a policemanâhe was waiting outside, and I gave the prisoner into his custodyâI saw the policeman pick up the half crown from, the counter, and the money from the floor.

Prisoner. Q. Did I put the half crown on the counter, or drop it? A. you dropped it; you were not intoxicated; I never saw you before that morning; you went away for half an hour or an hour, and then returned again.

WILLIAM YOUNG (policeman, B 180). On the 21st Sept. I was called to the Coach and sixâthe prisoner was at the barâI picked this bad half crown (produced) off the counter, and these 5s, (produced) off the floorâI took hold of the prisoner, and found these three other shillings (produced) in his handâI afterwards searched him, and found seven bad half crowns in his

left pocket, wrapped up in one piece of paper, and 2s. 3 3/4 d. good money in his right pocket.

Prisoner. Q. Where did you. search me? A. At the bar; you were drunk, and the Magistrate would not hear the case that day, because you were not in a tit state.

MARIA DOWNIE . My husband keeps a beer shop, at Westminster. On 21st Sept, about 11 o'clock, the prisoner came and asked for a pot of 6d. aleâhe put down 1s. which I saw was bad, and told him soâhe then gave me a another, and said, "Is that bad?"âI said it was, and he then gave me 6d. worth of halfpenceâI bit the shillings, and returned them to him, and he took them away with him.

Prisoner. Q. Was I sober? A. No; no one was with you.

WILLIAM WEBSTER . I am inspector of coin to the Mintâthis half crown uttered to Mrs. Aggleton is badâthe seven found in the prisoner's pocket are all badâthree of them are from the same mould as the one uttered, and the four others are from another mouldâthe 3s. taken from the prisoner's hand are bad, and all from one mouldâthe 5s. picked up are all bad, and four of them are from the same mould as the ones uttered.

(The prisoner's statement before the Magistrate was read, as follows: "I had 3l. 5s. in my pocket when I came into London, on Monday night; I fell among two or three men; one was going to find me employment; my money was changed, and the bad put in its place, and I knew nothing about it, and the next morning I found myself lying in the yard; I went into this woman's house that speaks about the half crown to see if I could find the men, and was pulling the money out to show her how I had been served, and I pulled out the half crown the woman had refused, and put it on the counter; the other money I had got out in my hand when the policeman came in; I do not deny having the money, but did not know it was bad till the woman told me so.")

GUILTY . Aged 37.â Confined Twelve Months.

1025. HENRY PRICE , unlawfully having counterfeit coin in his possession, knowing it to be counterfeit, with intent to utter it.

MESSRS. CLERKandPOLANDconducted the Prosecution.

JOHN BROWN . I keep the Wrestlers Inn, High gate. On 5th Oct., about 5 o'clock in the afternoon, the prisoner came and asked for 1 1/2 d. worth of shrubâhe offered a 6d. in paymentâI told him it was bad, and he gave me a good oneâI pointed him out to a constable.

Prisoner. Q. Which pocket did I take the bad one from? A. I do not know; the good one you took from your waistcoat pocket.

THOMAS GREEN (policeman, S 210). The prisoner was pointed out to me by the last witnessâI took him into custody, searched him at the station, and in one pocket found a paper containing nineteen bad sixpences, and in the other pocket a paper containing ten bad sixpences, each sixpence was wrapped in separate folds of the paper (produced)âI also found 2s. in silver, and 1s. 3 1/2 d. in copper, good money.

WILLIAM WEBSTER . These sixpences are all counterfeitâthere are seven of George III., 1818, from one mould, six of George III., 1819, from one mould, six of Victoria, 1844, from one mould, and ten of Victoria, 1845, from one mould.

Prisoner's Defence. I was coming from Highgate, across a narrow lane by myself, and there found the paper of money.

GUILTY . Aged 24.â Confined Twelve Months.

1026. WILLIAM LOW , unlawfully wounding William Robinson: to which he pleaded

GUILTY .âHe received a good character.â Confined Two Months.

1027. ALBERT BURT , unlawfully uttering counterfeit coin.

MESSRS. CLERKandPOLANDconducted the Prosecution.

EMMA DAVENPORT . I serve in the shop of Mr. Raymond, who keeps a penny piehouse, in Fleet-street. On 5th Oct, the prisoner came and asked for a penny pieâhe paid for it with a bad shillingâI told him it was bad, bent it with my teeth, took it into the parlour, gave it to my mistress, and she put it on the mantelpieceâthe prisoner then gate me a good half crownâI took for the pie, and he then leftâhe came again the next day, asked for a penny pie, and gave me a bad shillingâI broke it with my teeth, told him it was bad, and that it was the second time he had offered me bad moneyâthat shilling I gave immediately to my masterâthe prisoner left, and on Friday, 8th Oct., he came again, and asked for a twopenny pieâI went into the parlour, told Mr. Raymond, came back and served the prisonerâhe put a half crown on the counterâI took it up, found it was bad, and broke itâMr. Raymond came into the shop, and I gave the half crown to himâa policeman came, and the prisoner was given into custody.

JAMESH RAYMOND . I keep an eating shop, in Fleet-street. On 5th Oct. my wife took the shilling off the mantelpiece and gave it to meâon 6th Emma Davenport brought me a counterfeit shillingâthe prisoner was in the shop at the time, and I told him it was the second time he had been thereâhe said he had not been there beforeâI turned round to see whether the shilling corresponded with the first one, and before I turned back again he disappearedâI put the two shillings away upstairsâon the Friday Davenport came into the parlour, I went into the shop, found the prisoner there, and received a bad half crown from DavenportâI told the prisoner it was the third time he had been there that weekâhe said I was mistaken, he had not been there beforeâI sent for a constableâI marked the two shillings and the half crownâI gave them to the sergeant at the station, and saw him give them to Batty.

GEROGE BATTY (City-policeman, 323). I took the prisoner in custody on 8th Oct.âI searched him at the station, and found 1s. 6 1/2 d. good money on himâMr. Raymond was at the station, and produced two counterfeit shillings and a half crownâI saw him mark them, and they were given into my custodyâthese are them (produced).

WILLIAM WEBSTR . These coins are all bad.

Prisoner's Defence. I was not at the shop on the two first occasions; I was not aware the half crown was bad; I had received it for goods a day or two before.

GUILTY . Aged 39.â Confined Twelve Months.

1028. WILLIAM HEWITT , stealing 2 brushes, and 1 coat, value 12s.; the property of Samuel Seaman: to which he pleaded

1030. EDMUND HASKER, GEORGE LANGLEY , and WILLIAM CHURCHILL , burglariously breaking and entering the dwelling house of John Hadrell, and stealing 9 pairs of trowsers and 1 jacket, value 4l. 7s. 6d.; the property of the Directors of the Poor of St. Pancras.â3rd COUNT charging them with receiving the same: to which

HASKER pleaded GUILTY . Aged 19.â Confined Twelve Months.

MR. ETCALFEconducted the Prosecution.

THOMAS PETHEN (policeman, S 188). On Friday night, 1st Oct., about ten minutes to 12 o'clock, I was on duty, and saw the prisoners Langley and Churchill close to the dead wall of the tailor's shop of St. Pancras Workhouseâthey were coming in a direction from the tailor's shopâChurchill was carrying an accordion, and said to me, "Would you like to have a tune this morning?"âLangley was carrying a bundleâthey turned into Cambridge-place, and I saw Hasker come up to them from the lower part of the dead wall, and he received the bundle from Langleyâthey all three went on, and I followed them till I got the assistance of BillinghurstâI then asked Hasker what the bundle containedâhe told me a pair of trowsers he had purchased in Camden TownâI asked what part of Camden Town, and they all three immediately ran away, and left me with the bundleâI ran after them, and caught Hasker by the collarâI had a severe struggle with himâhe took a large flint stone from his pocket, and struck me on the nose with itâI had a violent struggle with him, and secured himâwhen I got him to the station I found he was wearing two pairs of new trowsers over an old pair, and the bundle contained two more pairs of the same sortâMr. Everett and Mr. Day have identified them.

JAMESH BILLINGHURST (policeman, S 386). About 12 o'clock on Friday night I was called to Pethen's assistance, and went with him after the prisonersâChurchill had an accordionâHasker said he had bought the trowsers in Camden Townâthe other prisoners were present, and heard what he said about themâwhile we were speaking to them they left the bundle, and all ran awayâI followed Churchill, but he was too quick for me, and got awayâPethen was knocked down in the road, and I went to his assistance.

OWEN DAY . I am master tailor in St. Pancras Workhouse, and have charge of the tailor's workshop. These trowsers belong to the workhouse, and have "St. Pancras Workhouse" on the buttons, but I should know them without thatâthey are quite new, they were made the week before they were stolenâI saw them safe on 1st Oct., between 5 and 6 o'clock, when I locked up twelve pairs of trowsers in a cupboard in the shop, which is a part of the houseâat 8 next morning I found a pane of glass taken out of the window through which a man could come through quite easilyâthat was not so the night beforeâthe lock of the cupboard was also broken, and I missed nine pairs of trowsersâthese produced are four of themâI also missed a boy's jacket and waistcoat unfinished, and an accordion from the same cupboardâthey are all the property of the Directors of the Poor of St. PancrasâJohn Hadrell, the master, lives in the house, which is in St. Pancras parishâthe three prisoners have been inmates of the house, and Hasker worked in this shop.

EDWARD EVERALL . I am storekeeper at the workhouse, the prisoners were all inmates of the house within nine days or a fortnight before the robberyâHasker worked in the tailor's shop, and knew where these things wereâthey are the property of the Directors of the Poor of St. Pancras.

Langley. I have not been in the house these two months.

Churchill. I have not been in since March. Witness. They have all been

in the house, but I cannot speak positively as to the time when they were discharged; they have been in for years, and knew the premises.

Churchill's Defence. From 7 o'clock to 12 that evening, I was putting up skittles for the gentlemen at the Veterinary College.

LANGLEYâ GUILTYon 3rd Count

CHURCHILLâ GUILTYon 3rd Count. Aged 21. Confined Twelve Months.

1031. GEORGE LANGLEY was again indicted with JAMES SMITH , for burglariously breaking and entering the dwelling house of William Frederick Reeve, and stealing 2 jackets, and other articles, value 1l.; the goods of William Bruton Alleyne; 1 gown and 1 knife, value 32s., of Henry Daniel Morden Garnham; and 1 shawl, value 18s., of William Frederick Reeve: to which

EDWARD STOWBART . I am assistant to Mr. Robert Turner, silk mercer, of Ludgate-hill. On 15th Oct., about 5 o'clock, the prisoners came to the shop, and Looney purchased goods to the amount of 13s., and paid for themâI served themâthey left together, and in about three minutes I missed eighty-eight yards of black silk from the counter where I had served themâI had seen the silk within four minutes of the time when they left the shopâI went out and found the prisoners in the Broadway, which is about 200 yards from the shopâthey were in the act of turning down a street that leads into Bridge-streetâI went to them and requested they would return with meâthey held out their hands and said that their change was perfectly correctâthey asked me if I would allow them to go and take a glass of wine previous to returningâI objected, and requested them again to come with me, which they didâas they walked before me, to the beat of my belief they mixed in with two men, and then went on without themâwhen they got to the shop I left them in charge of a young man, and went for a policemanâI did not tell them why I wanted them to come back.

Cross-examined byMR. METCALEG. Q. Did not they both buy something? A. Yes; Rowbottom paid 5s. 11d., and the other 13s.âthey bought some black Coburg cloth, some black lining, some crape, and a shawlâthose things were found on them when they were taken to the station, but not the silkâI never saw the silk in their possessionâthere are four persons in our establishment who attend to customersâthere had not been many customers, in that dayâthere were a pile of silks lying on the counter, perhaps twenty-five piecesâthey were merely lying there, they had not been shown to customersâwe have taken stock of the silks since this occurrenceâit was rather more than five minutes from the time I missed the silk till the prisoners were brought back to the shopâI kept as near to them as I could on the way back, and kept my eye on them all the wayâI gave them into custody not for stealing the silk, but on suspicion of stealing it.

Cross-examined byMR. SLEIGH. Q. You did not see them speak to any one after you requested them to go back to the shop? A. No; we have taken stock of the silks since this, but not previously since the end of last yearâwe have sold a great many yards of silk since thenâI was in the shop all the time the prisoners were there, and also another gentleman named BlightâI had been in the shop for two or three hours previous to the prisoners

comingâjust previous to the prisoners there was a person in the shopâhe is a highly respectable person, a manufacturer whom we knowâhe came to sell goodsâhe was there all the time the prisoners were, and after I missed the silk.

HENRY BLIGHT . I am an assistant to Mr. Turner. I saw the prisoners at the shop on 15th Oct.âabout five minutes before they came, I had folded the piece of silk, which was afterwards missed, and laid it by the side of the pile of others on the counterâI saw it there during the time the prisoners were being servedâit was about a yard off themâthere were no other customers in the shopâI was not the first to miss the silk, but when it was observed I missed it directlyâthat was two or three minutes after they had left.

Cross-examined byMR. METCALFE. Q. How far from the door was this piece of silk? A. Several yardsâthe silk did not make a very large rollâthere were from thirty to forty pieces in the pile, I should say.

Cross-examined byMR. SLEIGH. Q. Was the silk folded round a beard? A. No; folded to form a square, it was not so very large.

ROBERT LILLEY (City-policeman, 344). The prisoners were given into my custodyâI took them to the station, where they were searched by a female who is not hereâI heard the searcher say, in Rowbottom's presence, that she had found a penny on herâthey gave two addresses which I found to be false.

Cross-examined byMR. METCALFE. Q. But was there not a good deal found on them before the female searched them? A. Yes; 2l. 9s. 6d. on Looney, and 10s. 1d. on Rowbottom; also these things (produced) which they had purchased at the shop, and this bag (produced) Rowbottom dropped on going into the station house.

NOT GUILTY .

1033. PATRICK HOLLAND , feloniously cutting and wounding John Hands upon the head.

MR. PLATTconducted the Prosecution.

JOHN HANDS . I live at 4, Holborn-buildings, and am a painter. On Friday, 24th Sept., about half past 11 o'clock, I was coming home, and saw the prisoner in Holborn-buildingsâhe does not live thereâhe was standing close to my door, and I said to him, "You did not get me locked-up last night, as you tried to do"âhe said, "No;" drew a stick from under his coat, and struck me over the headâI fell down, my head bled, and there was a woundâI got up, and pursued the prisonerâI had had no quarrel with him, and given him no provocation, except what I have saidâI did not hit him at allâI knew him very wellâI was taken to the Hospital, and remained there a weekâI lost a good deal of blood, and was very ill some time.

COURT. Q. How came you to say, "You did not get me locked up last night?" A. The night before this happened I met the prisoner going up Holborn-hill; I was going to have a pie, and the prisoner wanted to give me in charge, and said I had got a knife about me, and was following him about to stab him; but the policeman did not take meâthat was in consequence of a quarrel I had had previously with a relation of hisâthe prisoner was the worse for drink when this happened, and has been very sorry for it since.

Prisoner. Q. Did not you tell my aunt that you would fight any bâman in the family, and did not she say you were too fast? A. Not to my knowledge.

MARY ANN SMITH . I am the wife of Charles Smith, a cab driver, of Hol-born-buildings. On this night, about half past 11 o'clock, I had been out

for some beer, and saw the prisoner under the lamp postâI went to him and said, "Mr. Holland, you bad better take my advice and go home, and have no further bother this evening;" and while I was saying so, Hands turned the cornerâI touched Holland, and felt a stick; I asked him what he had got thereâhe hit my hand off him, and said what he had got there he intended to make use ofâHands then turned the corner, and said to the prisoner, "Mr. Holland, how do you do?"âhe said, "Very well, thank you"âHands said, "Well, you did not lock me up as you thought for last night"âHolland made use of a very improper word, and said, "Take that!" and took the stick from under his coat and struck at the back part of his headâHands fell down, saying, "I am a done man;" and the prisoner ran towards Holborn with the stick, and came back again without itâI ran after him, and he was stopped by a constable.

GEORGE FREDERICK LANE . I am resident surgeon at the Royal Free Hospital. I examined Hands on 25th Sept., and found a deep scalp wound on the under part of the left side of his head, dividing all the soft partsâit was about three inches in length, and extended down to the boneâit was then bleedingâin my opinion a stick, if used with force, would cause such a woundâsimple wounds of the scalp generally heal readily, but in this case acute pains in the head come on on the fourth dayâhe was in the Hospital seven days; he is better nowâit was a bad wound.

COURT. Q. Did you see him when he came in? A. Yes; he was carried in by four or five men on their shouldersâI cannot charge my memory whether he was quite insensible, but I believe he was.

(The prisoner in his defence stated, that when he met Hands in the court, he, Hands, was about to take off his coat, and he, the prisoner, was frightened, as whenever the prosecutor got anybody down he injured them, and struck him in the breast with his fist; that he did not do it with any intention of injuring him, that he did not use a stick, and was not aware of it till he was taken into custody.)

1034. LEWIN YATES COLEMAN, JOSEPH GURNEY , and HENRY BIRCH were indicted for feloniously forging and uttering a bill of exchange for the payment of 187l. 18s. 9d.âOther COUNTS, calling it a warrant; and other COUNTS, charging them with forging the acceptance to the said bill.

MESSRS. CLARKSONandBALLANTINEconducted the Prosecution.

(MR. CLARKSON, previous to opening the case, stated his impression that the evidence was so slight with respect to the prisoner Birch, that he should not press the case against him. At the close of his address he proposed to take an acquittal at once as to Birch, and call Him as a witness.MR. PARRYobjected to this course of proceeding, he having requested all the witnesses to be out of Court, and Birch having been present during the opening. He was not aware of any rule that would prevent his being examined, but under these circumstances he hoped the Court would give a direction to that effect.MR. JUSTICE CRESSWELLcould not take upon himself to do that, nor, in his opinion, was there much ground for the objection, asMR. CLARKSONhad, in fact, opened an acquittal of Birch.)

BIRCHâ NOT GUILTY .

HENRY BIRCH . I have surrendered here to dayâI live in Belgiumâwhen in London I live in Ranelagh-street, PimlicoâI know both the prisonersâI have known Gurney about six years probablyâI have not always known him by that nameâI have known him by the name of NortonâI have known Coleman since the latter end of May lastâon 24th July last Gurney had a counting house at St. Mary-at-hillâI was at his counting house that morningâI repeatedly called in, for he had written to me on a certain matter of businessâwhile I was in conversation with him Coleman came inâColeman asked me whether I could get a bill discountedâhe said it was a bill from Nicaraguaâhe told me that Mr. Bottin had gone out to Nicaragua, and had left his signature on blank to be filled upâI told him that I had met a Mr. Tucker the day before, who had asked me whether I had any bills to discount coming through my hands, and I told Coleman I would name the bill to Mr. Tucker, which I did the same dayâI afterwards called on Coleman on 26th July, at his own officeâthat was in Mark-laneâI am not able to say the numberâI found him at homeâhe asked me whether I was going into EastcheapâI said I wasâhe said, "Here is the bill; if you call in passing Gurney's, he will endorse the bill"âhe produced this bill to me (looking at the bill, which was marked A)âit was in the same state it is now when he showed it to me then, except having the signature of Gurney and Co.âhe had shown it to me before, on the 24thâit was then in blankâI cannot say it was this identical billâit was similar to this, but without any writing whatever upon itâI had been a round on the morning of the 26th, and it was in my way to call on Mr. ColemanâI then called on GurneyâI saw him, and he endorsed the bill in his office, in my presence-after he had endorsed it I took it to Mr. Tucker'sâColeman had not told me previously to that how much money I was to raise on the billâMr. Tucker's ffices were closed when I went thereâI did not see him afterwards respecting the billâI never showed him this bill at allâI afterwards went to a Mr. Sturm's offices, on that same day, the 26thâthat is No. 6, Bennett's-placeâI showed him the billâhe did not discount itâI then took it to Mr. Isaacs' in Jeffrey-square, St. Mary-AxeâMr. Isaacs' name had never been mentioned to Coleman by me at all before thatâJ knew of a connection subsisting between Mr. Isaacs and ColemanâI left the bill with Mr. Isaacs that same day, the 26thâon the following day I called on Gurney, and told him where I had left the billâI requested him to give me a letter to state that a certain amount would be taken for the billâhe gave me this letter (marked B)âI took it to Mr. Isaacsâ(readâ"26th July, 1852. Dear Sir, We hereby authorize you to take 100l. for the bill we placed with you to negotiate for 187l. 18s. 9d., drawn to our order by Francis Bottin and Co., Nicaragua, upon and accepted by Coleman and Bottin, Mark-lane, London. Gurney and Co.")âI believe Mr. Coleman got to know where I had left the bill on 26th Julyâhe asked me, "Have you given the bill to Mr. Isaacs?"âI did not answer him directly, but I said, "When you pass a bill from your hands, you do not know whose hands it gets into"âhe said he knew it was in Mr. Isaacs' handsâI said that Mr. Isaacs had promised to give money for the billâhe said, "I want the bill, I will not take money from Mr. Isaacs, he is my greatest enemy"âI said Mr. Isaacs had promised to give money for the bill and it was in his hands, and I believed that he would do soâthat was all that passedâI saw Mr. Isaacs again the following dayâI never got the bill back from him.

Cross-examined byMR. PARRY. Q. Who introduced you to Coleman, or Coleman to you? A. Mr. SturmâI believe he is a friend of Mr. Isaacsâhe goes there, whether he is a friend or notâI know him very wellâI have known Mr. Isaacs about seven yearsâI do not recollect whether I ever took a bill to him before, I know that bills have beenâI never before had a forged bill in my possession that I took to Mr. IsaacsâI never, that I know of, had in my possession a forged bill upon Messrs. Armitage, of Huddersfield, nor had Mr. Isaacs, to my knowledgeâI have had bills passing in my business from parties in HuddersfieldâI never had a forged bill in my possession upon Messrs. Armitage, of Huddersfieldâthat I swearânor had Mr. Isaacs, to my knowledgeâno such bill was ever in my possession, or attempted to be negotiated by me, or Mr. Isaacs, to ray knowledgeâI may have taken a bill to Mr. Isaacs at one time, but I cannot call it to my memory, upon Mr. Spalding hereâI think he had a bill onceâI have got bills discountedâI know a man of the name of ClarksonâI was never in partnership with himâI am not aware that he is a bill discounterâI have had some connection with him, unfortunately for meâI have heard that he is a notorious bill stealerâI did not go and apply to Coleman for a bill, he applied to roeâI was not instigated by Mr. Sturm or Mr. Isaacs to endeavour to get a bill from Colemanâthe names of Coleman and Bottin were over the door in Mark-laneâit is about six years since I resided in England.

COURT. Q. Do you mean you have been in England six years? A. To and fro; I have business that calls me hereâI have not resided here for six years: I have resided abroad.

MR. PARRY. Q. You come backwards and forwards? A. Yes; I have never had any trading transactions with Mr. Isaacs, neverâI once carried on business in London under the name of Birch, Son, and Co.âI think that is about six years agoâthat business was a failureâI left England, not in consequence of my heavy debtsâI was in England after thatâI was out of England about six weeks thenâI was never in partnership with a man named RondallâI went on the Continent with himâthat was not at the time that he ran away from his bankruptcy; that was only within this twelve months, and this occurred in 1845âI was never a bankruptâI went abroad with him at the latter end of 1845, or the commencement of 1846âI am not ware that he had been a bankrupt at that timeâhis bankruptcy was within this six monthsâI do not know a person of the name of WilliamsâI was never entrusted by a Mr. Williams to sell large quantity of flannel for himâI bought some flannel for Mr. Williams.

Q. I thought you told me just now, that you did not know a Mr. Williams? A. I understood you to mean a party in London; he is a WelshmanâI beg your pardon, I forgot the transactionâI was not entrusted hy him to sell it; I bought it for himâit amounted to about 500l.âhe received two-thirds of the money; I swear that he received it from meâhe never charged me with absconding with the flannel that he had entrusted to me to sell, to the amount of 300l. or 500l., or with the proceedsâno such charge was ever made against me; nothing of the kindâI was once given in charge for another offence besides this; and Mr. Clarkson, I believe, had the management of itâthat is about six years agoâI was not then indicted with Mr. Sturm, Mr. Isaacs' friend, for conspiring to defraud persons of goods to the amount of 500l.âthat was not the chargeâmust I answer what the charge was?âit was made by a Mr. Degatur, for placing goods out of his possession; not for taking goods out of his possessionâfor placing goods that never came into his hands, for money that I wanted from himâhe made a

charge against meâhe stated that he was my employer, and that I had defrauded him to the amount of 400l. or 500l.âit was not me and Mr. Sturm together; no charge was made against Mr. Sturm, that I am aware of, in reference to that transaction; in fact, there was notâI had not clothes or goods of Mr. Degatur to the amount of 500l.âMr. Degatur ordered goods from the country through meâthose goods came into my possessionâthey were to the amount of about 400l.âMr. Degatur never paid for themâI did not pay for themâI was not committed for trial upon that case; Mr. Degatur never came forward.

Cross-examined byMR. DEARSLEY. Q. How many years do you say you have known Gurney? A. I think four or five years, or it may be more than thatâI knew him by the name of NortonâI have known him by the name of Gurney probably six monthsâI do not know that he was formerly a cheesemongerâI have heard him say soâI do not know that he failedâI was told by Mr. Isaacs to get this letter; he did not dictate the letter to me before I went to Gurneyâhe stated that I must get a letter to state that such an amount would be takenâI stated that to Gurney, and then Gurney gave me the letter.

MR. BALLANTINEQ. You have said that you saw over the office door, the names of Coleman and Bottin; did you ever see any person of the name of Bottin in your life? A. Never; I am an export merchant, at Antwerp, in the provision lineâI export eggs and butter to this countryâI have been doing so for the last six yearsâthis letter (marked "C") on the fly-sheet, in written by me, and that on the other part by GurneyâI gave that for Gurney to take to Mr. Isaacs, but from a word that transpired from Gurney I went along with him, for I was very much engaged that day, and he wrote this in Mr. Isaacs' office.

ELIAS. ISAACS I have offices in Jeffrey-square, St. Mary Axe. I am a solicitor, and have been so for upwards of half a century. On 26th July last, Birch came to my office with this bill of exchange; it was then in the state it is now, with the exception of an initial of the Lord Mayor's clerk, who marked it at the Mansion-houseâit was presented to me by Birch for discountâI gave him some directions as to writing, in consequence of which this letter ("D") was writtenâI received the bill from Birch, in consequence of my statement to him, enclosed in this letterâI observe on the bill the endorsement of "Gurney and Co."âfrom what passed between me and Birch on the subject of the discount of the bill, I entertained suspicions about itâin consequence of that I gave Birch some directions with reference to Gurney and Co. the endorsers of the billâafter giving him those directions, I received from him the letter signed, "Gurney and Co."; that has been put inâhe brought me that letter on the same day that he called with the billâhe also brought me this letter (marked "E")âin consequence of those letters I received, signed "Gurney and Co.," I detained the bill for a while, and made excuses from time to time for not discounting itâI afterwards received from Birch this letter, dated the 28th (marked "F"), and also this of the 29th ("G"); this was left at my office in my absence, but I received it.

MR. CLARKSONtoHENRY BIRCH. Look at those three letter ("E" "F" And "G"), did you receive those three letters from Gurney? A. I did not receive that letter ("G"), it is Gurney's handwriting.

MR. CLARKSONtoMR. ISSACS. Q. You say you received a second letter from Birch, purporting to come from Gurney on that same day, the 26th? A. Yes.

Q. Had you expressed dissatisfaction as to the first letter? A. I did say to him, that I ought to receive some instructions (Letter marked "E," read:â"To Mr. H. Birch of Antwerp; July 26, 1852. Dear Sir,âThe enclosed bill of 187l. 18s. 9d., is upon Messrs. Coleman and Bottin, drawn by Francis Bottin and Co., at ninety days' sight, which we authorize you to negotiate, and hand over the proceeds to as, according to the arrangement between us.âGurney and Co.")âthis is the same bill that was enclosed in that letter (Letter marked "F" read:â"28th July, 1852. Dear Sir,âIf any use is made of the bill, I think an undertaking should be given, to bear me harmless when it becomes due; and as Coleman and Bottin hold a bill drawn by me, and accepted by themselves for 169l., I ought to endeavour to get that out of their hands before they know anything respecting the bill with Mr. Isaacs. I shall be at the Blue Anchor, 164, Fenchurch-street, this afternoon, to meet you, as proposed, at half past 3.âJ. Gurney.")âI never saw anything of the bill for 169l.â(Letter marked "G" read:â"To E. Isaacs, Esq; 29th July, 1852. Sir,âWe hereby give you notice that a bill dated Nicaragua, for 187l., drawn by Francis Bottin and Co., in our favour, and accepted by Messrs. Coleman and Bottin, of 59, Mark-lane, has been fraudulently obtained from us without any consideration, and you are hereby cautioned from making use of such bill in any shape whatever.âJoseph Gurney and Co.")âthe day after the receipt of that letter, Birch called upon me.

MR. CLARKSONproposed to give, in evidence, what passed between the witness and Birch, Birch having been shown to be the agent of ColemanMR. JUSTICE CRESWELLwas of opinion that Birch must first be shown to be the agent in this particular transaction.)

MR. CLARKSONtoHENRY BIRCH. Q. Did you go to Mr. Isaacs on 80th July, or some day near then, to request back that bill? A. Yea; I was requested to goâMr. Sturm had left a message at EastcheapâI had not seen Coleman on the subject, or GurneyâI did not produce to Mr. Isaacs the letter signed "Gurney"âGurney was with me the second time I went for the bill; that was on 30th Julyâwe saw Mr. Isaacs then.

MR. CLARKSONtoMR. ISAACS. Q. Had you more than one interview with Birch on 30th July? A. Yes; the first interview was with Birch aloneâI had a second interview on that same day with Birch and Gurney together.

Q. Was it on that occasion that that letter, signed on one side by Gurney and on the other by Birch, was presented to you? A. It was signed by Gurney in my presence; this is the letter (marked "C")âthey requested me to hand over the bill, and I said that Mr. Gurney should write a receipt for the sameâhe did so in my presence (letter "C" read:â"To E. Isaacs, Esq., 30th July, 1852. Sir,âYou will please hand over to Mr. Joseph Gurney, of 'Joseph Gurney and Co., their bill of 187l. 18s. 9d., purporting to be drawn by Francis Bottin and Co., of Nicaragua, on, and accepted by, Coleman and Bottin, Mark-lane, London, which I handed over to you for the purpose of discount; and this is my authority for your so doing. Henry Birch." On the other side of this letter was written as follows:â"30th July, 1852. Received, of Mr. Isaacs, the bill in question, for 187l. 18s. 9d., left by Mr. Henry Birch for the purpose of discount. Joseph Gurney.")

Q. At the time you took that memorandum of Birch, and the receipt of Gurney, did you at all intend to deliver up the bill? A. Certainly not; they requested me to do so, and I said, "I shall not give up the bill, and I shall give both of you into custody"âan officer was in my office, and I gave

them both into custodyâI afterwards learnt where Coleman was, and sent an officer after himâI had previously sent for Coleman to come to my office to receive his bill, but from the place where Birch stated he was waiting he was goneâI intended to give him in chargeâI then sent the officer after him and he took himâI know Coleman's handwritingâhe is a connection of mine by marriageâhis brother married my daughter, unfortunatelyâI believe this acceptance to the bill of Coleman and Bottin, Mark-lane, to be Coleman's hand writingâthe body of the bill I also believe to be in his writingâI cannot speak as to my belief of the signature of the supposed drawers, Francis Bottin and Co.; that is a disguised handâI cannot form any opinion or belief upon thatâI cannot say whether the endorsement is Coleman's writing.

Cross-examined byMR. PARRY. Q. You have seen Coleman write, I suppose? A. I have; I think I first saw Birch about twelve years agoâhe has never brought bills to me before, nor anything of the kindâI have had business transactions with him professionallyâI never had any trading transactions with himâI am not in tradeâhe has never brought any bills to me beforeâhe never sold me any bills, nothing of the kindâI simply knew him professionally, about twelve years agoâfor the last five or six years I had not seen him or heard of him, until the day he brought this billâI never intended to discount this bill; upon his asking 100l. for it, I felt satisfied there was something wrong, and I took these steps for the purpose of detecting the wrongdoerâColeman and I have not had any quarrel whatever.

Q. Did you say to Birch at the time you gave him into custody, or about that time, that you did not care about him and Gurney, all you wanted was to transport Coleman? A. I have no recollection of ever saying anything of the kind; to the best of my memory I never said soâI cannot say whether I could have said such a thing and forgotten itâI never remember any such conversationâmy belief is, I did not say soâI am upon my oathâmy impression strongly is, that I never made use of language to that effect.

Q. Have you not said repeatedly, since the charge was made, that Coleman would be transported, and that at last you should convict him? A. I have no feeling about it, except to do my dutyâI never said that I would manage to convict himâI have no feeling whatever on the subject, beyond doing my fair duty and giving my evidence as the facts occurredâI could not have said that Coleman would be transported, and I should be glad of itâI never have said so.

Q. Has it ever happened to you to have any other forged bills in your possession, or bills alleged to be forged? A. Never, to my recollection; I swear I never had a forged bill in my possession beforeâwhen I say that, I mean, of course, as far as my knowledge wentâif a bill was passed and paid, I knew nothing of itâI do not know the names of Messrs. Armitage, of HuddersfieldâI never heard of their names before in any wayâI have no ill feeling whatever towards Coleman.

Q. Have you not complained that he gave information about your possession of some brandy warrants? A. I certainly complained of the villanous misrepresentations; I have had some brandy warrants in my possession to the value, as far as my memory carries me, of about 150l., not 800l.âI sold some brandy warrants to Messrs. Hart and Co.âthat must have been eight or nine months agoâI never heard that Mr. Sturm and myself were to be indicted for conspiracy for obtaining those brandy warrantsâI heard the impudent insinuation indirectlyâI did not offer to give a bill for 100l. to settle the matter. (MR. PARRYproposed to put the witness's deposition into his hand, and then to ask him whether he would venture to swear that he had never made the offer referred to.MR. JUSTICE CRESSWELLhad known that course sometimes permitted; but, he believed, Lord Campbell had recently refused to allow it.MR. O'BREIN, as amicus curiae, stated, that the question had been reserved by Lord Campbell; and it was finally decided that it could not be done without giving the right of reply.) I say that I never did offer to give a bill for 100l. to settle it, nor any sum of moneyâI know Mr. Brough.

Q. Is he attorney for Messrs. Hooper, the wine merchants? A. He said he was not the attorney, but the personal friendâI was invited there by Mr. Hunter about the brandy warrants, and I went there in consequence of the inviteâI went there twiceâI swear most positively that during those interviews with Mr. Brough I never offered money or bills to settle the matter.

Q. At the time you went to Mr. Brough's office, had you heard "the impudent insinuation" that Messrs. Hooper and Son were going to indict you and Mr. Sturm for conspiring to get these brandy warrants? A. Certainly not; I swear thatâthe prisoner Coleman did not state, in Mr. Brough's office, that I and Sturm had conspired by fraud to get those warrants; I will swear thatâColeman made no charge at all against me; certainly not of fraud.

Q. In your interview with Mr. Brough, will you swear that you never heard at all of any indictment or proceedings against you for fraud of some kind or other, about these brandy warrants? A. Mr. Brough told me they insinuated it, and he repudiated it most strongly, knowing I could not be guilty of such a thingâthat was his statement to me after they were goneâMr. Brough has known me for forty years, and he made that declaration to meâI have been to Mr. Brough's twenty timesâI will explain how I came to go there about these brandy warrants; Mr. Brough requested me to endeavour to get Sturm to remove an attachment that he had lodged against the goods of Hooper and Co.âit had nothing to do with the brandy warrantsâI certainly never had any conversation with Mr. Brough about the warrants, or about settling it, or anything of the kindâhe applied to me to speak to Sturm to remove the attachment that was lodged against Hooper and Co.'s goods, and stating to me how much he had lost by Coleman, or something to that effect, and I did, in consequence of Mr. Brough's solicitations, do all I could to render service to his friendsâI had never sold brandy warrants before, and I should not have had anything to do with those; it was my son-in-law that induced me, unfortunatelyâno bills alleged to have been stolen have ever been traced into my possession; it is all invention.

Q. Then there is no truth whatever, I suppose, in the suggestion that Louis Napoleon's bills were found in your possession? A. How do you mean, found in my possession? my own property, that I gave the money for, and he paid it when due? it is not a fact that two bills alleged to have been stolen from Louis Napoleon were traced to my possession; I swear that most positively; it is all inventionâsome parties were tried here in reference to those two billsâI was here, and instructed by Louis Napoleon to assist his prosecutionâI swear that I was instructed by Louis NapoleonâI was not acting as his attorney; Messrs. Lawford were his attorneys, and Messrs. Bush and Mullens prosecuted for him; but I aided Louis Napoleon, at his request, and was paid for it by his attorneyâthose two bills had not been negotiated by meâthe bill I had of Louis Napoleon's was paid when dueâI was a holder of one bill of his for 500l., which was regularly paid when due.

Q. You unfortunately had a charge made against you some years ago, I believe, but the parties never appeared against you? A. That is not true; I am not bound to answer whether I was ever charged with any offence, but

I will do so; between forty and fifty years ago I was indicted for perjury; the attempt was to extort money from me; I was tried for it, and, of course acquitted; and I prosecuted the parties, and punished themâno other charge has ever been made against me, without it was behind my back; I do not know what you are talking about.

Q. Has any other charge been made against you; you seem to answer "No" rather faintly; has any other charge been actually made against you, of fraud, or anything of the kind? A. No; I have no doubt about it; I mean distinctly to tell you that by "No" I mean noâmy Lord, am I to be thus treated; it is really very painfulâ(MR. JUSTICE CAREWELLthought it would be introducing an inconvenient extension of cross-examination if a general question of this sort were put, without pointing it to something.)

Q. Besides being an attorney, I believe you are a bill-discounter as well; we understand that? A. No, indeed; you understand very wrong, if you have been told thatâI have done such a thing occasionally.

Cross-examined byMR. DEARSLEY. Q. Did you ever see Gurney more than once? A. Never, except before the Magistrate.

ALFRED JAMES SHOTTER . I am in the employ of Messrs. Niessen and Parker, engravers, at 43, Mark-lane. I know the plate from which this bill of exchange was takenâI received orders for engraving that plateâto the best of my belief, the prisoner Gurney was one of the two who ordered the plateâit was on Thursday, 24th June, I thinkâthey gave the firm of Coleman and Bottin as the parties from whom the order cameâI had not to be printed from the plateâI cannot say whether they were delivered at the counter, or at the offices in Mark-lane, but they were deliveredâI know the paper upon which this bill is printedâit has been in our possessionâI selected the paper upon which the bills were to be printed, and this is a portion of itâthe name of our firm is not on the billâwe generally put our name, unless ordered to the contraryâthe gentlemen who gave this order directed that the name of the engraver in the imprint should be left outâour name was engraved upon the plate, and I ordered it to be erased in consequence of the orders I received from the partiesâI know Coleman by his being introduced to our shop a day or two afterwards as Mr. Coleman, of the firm of Coleman and Bottinâhe was introduced by another man, who I have not seen in custodyâhe called on the 28th to see a proof of the plateâI cannot say for certain whether I showed him oneâhere-quested six copies to be sent on immediately, and the rest were forwarded on the Monday eveningâI cannot say whether the six first were sent, or delivered over the counterâI have seen Coleman in Mark-lane once or twice since 28th JuneâI went to the address given me to get paid the balance for the plateâI saw a clerk in the officeâI do not recollect seeing either of the prisoners thereâI was not paid anything on that occasionâwe were paid 2l. on account a day or two afterwards by a man who is not in custodyâwhen the order was first given I showed them different samples of paper, and the one they chose had the maker's name, Turner, in the water mark, and that they requested to be left out of the billâwhen the paper was cut up into the shape of bills, that mark would appear in about one in ten.

Cross-examined byMR. PARRY. Q. Do you generally execute these bills without a water mark, if you can? A. It does not matter to us at allâwe do unless ordered to the contraryâI believe we have been ordered to execute them without a markâI have never taken an order of that kind before myself

âwe are respectable engravers, and did as we were requested to do, without any doubt or hesitationâMr. Niessen is hereâI had only been there four months at that timeâa person came in reference to these bills who was not brought up at the Mansion House.

COURT. Q. And that same person paid you the 2l.? A. Yes.

HILARY NICOLAS NIESSEN (examined byMR. PARRY). It is not at all unusual to have the engraver's name taken out from a billâwe are constantly in the habit of engraving bills of this description without our namesâthere is nothing at all unusual in taking out the water mark in engraving what appears to be foreign billsâwe are in the habit of engraving bills in London which bear on them the names of places very remote, in all parts of the worldâall the respectable engravers in London are in the habit of doing the same.

GEORGE JERWOOD . I am in the employment of Mr. Abraham Tozer, of 59, Mark-laneâI know the prisoner Colemanâon 16th or 17th June he took a counting house on our second floorâhe continued to occupy it about seven weeksâI am the housekeeper thereâthe names of Coleman and Bottin were put, but Mr. Bottin I never saw.

Cross-examined byMR. PARRY. Q. You were not actually present at the taking of these rooms, and do not know who actually took them of your own knowledge, do you? A. Excuse me, but you have got Mr. Tozer's agreement, and that will tell you that Mr. Coleman is the gentleman that took themâI was not present at the taking of the roomsâColeman has been out on bailâhe has not been to the counting house above once during that timeâhe occupied it up to the time of his being arrested.

JAMES ALLAN . I am clerk and cashier of the Strand branch of the Royal British Bank. I know Colemanâhe had an account with our bankâit was not closed in 1851âthere was a balance of 6s. 8d. debtor on the accountâon 30th June, 1852, he opened a new account in the name of Coleman and Bottinâon opening that account I asked him for his signatureâI took it in the signature bookâhe signed the name of the firm, "Coleman and Bottin" I told him it was customary to get the signature of both partnersâhe said he was the only one that signed checks, and it was unnecessary to give the name of the other partnerâthe signature of "Coleman and Bottin" to this bill is Coleman's writingâI cannot say in whose writing the body of the bill isâI have no opinion or belief about itâColeman opened the new account with 7l.

Cross-examined byMR. PARRY. Q. How long had he had an account with you when the balance of 6s. 8d. was left, was it twelve months or so? A. Only one monthâI do not recollect how much was paid in, I have the ledger here, and can refer to itâI think it was about 105l.âthat was not the whole amount paid in, there were several hundred pounds, I think 500l. or 600l. paid in in the ordinary way, and then taken out.

MR. CLARKSON. Q. What was the balance When the second account was closed? A. 2s. 4d.: there is that balance at present standing in our books to their credit.

HENRY FOSTER . I know the prisoner Gurney by the name of Norton; he lived in Victoria-street, PentonvilleâI lived in the same houseâhe lived there in the name of Norton up to about eight weeks ago, which was about the time of his apprehensionâMrs. Snoxall was the landlady.

COURT. Q. How long had he been there? A. About four years, I believeâI knew him there two years.

Cross-examined byMR. DEARSLEY. Q. Do you know that he failed about two years ago, and afterwards changed his name from Norton to Gurney? A. No; I do not.

MARY SNOXALL . I am landlady of the house in Victoria-street, Pentonville, where Gurney lodged four years with me, and went by the name of Norton all the timeâhe left me six or seven weeks ago.

EDWARD TUCKER . I am bill broker of 4, Birchin-lane. On 24th July I saw a person of the name of Birch at our office; he produced a paper to meâI cannot swear positively whether he produced this identical bill, or a copy, I rather think it was a copyâit was of the same amount as this one (produced), and precisely in the same termsâI did not entertain it in consequence of the names not standing in the "Directory."

STEPHEN ISAACSON TUCKER . I am the son of Mr. Edward Tucker, I was in his counting house on 28th July, when Coleman came there and asked me whether I had a bill drawn by Francis Bottin and Co., on Coleman and BottinâI told him I did not recollect having seen such a billâI did not recollect it at the momentâhe said Birch had told him we had had it upwards of a weekâI believe he said it was for 180l. odd.

JOSEPH NETHERCLIFT . I am a lithographic artist and printer. I have been much accustomed to the examination of handwritingâI have seen the bill producedâI am able to form a judgment when a document is before me, whether it is in the same, or in different handwritingâI know nothing at all about the handwriting of the party by whom this bill was prepared.

MR. CLARKSONproposed to ask the witness the following question: "Look at that bill, and tell me to the best of your judgment, is the body of it, the name in which it is drawn, the name of the acceptor, and of the indorser, who is also the drawer, one and the same handwriting, or not?"

MR. PARRY (with whom was Messrs.METCALPEandDEARSLEY) objected, no such question had hitherto been allowed to be put to a witness, as it would, in fact, place him in the position of the Jury, and be a usurpation of their functions. See Doe v. Suckamore, Russells Evidence, vol. 2, page 819; and Hex v. Shephard, 1 Cock's Criminal Cases, p. 237.

MR. CLARKSONcontended that this case differed from those quoted, inasmuch as it was not a case of comparison of writing, (the document before the witness being in evidence in the case,) but that it was a question of the competency and right of the counsel for the prosecution to put a particular question to the witness.

MR. BALLANTINE (on the same side) maintained that, the best evidence should be given on the subject; and that the best evidence in this case was scientific evidence; a scientific opinion could be applied to writing as well as to any other branch of evidence; there could be no restriction as to what was scientific evidence, and this case did not differ from one in which a butcher might be called to prove the manner in which an animal had been ad up; or a surgeon to prove that certain wounds were produced either by the same or by a different instrument; in which cases the Jury might have the same opportunity of examining the animal or the wounds, as the butcher or the surgeon, yet would be allowed to have the assistance of a scientific opinion, and further, that a case might arise in which it would become necessary to call Mr. Netherclift to prove that the same pen inscribed the whole of a document, which would yet be matter for the Jury to consider. TheCOURTwas of opinion that the evidence could not be received; that the question involved neither more nor less than a comparison of handwriting.

ANTONIO MARTHAY . I am a native of Spain, and am acquainted with the State of Nicaragua, in South America. I have resided there at several periods, and have been familiar with the State during four or five yearsâI resided personally in the State last year for four monthsâthe capital of the State is at present Leon. I last came from Nicaragua in the month of June, and

arrived in this country in the middle of Aug.âI had been there six weeks at that timeâI am connected with a house in Liverpool, as a merchantâI never heard of such a firm as Francis Bottin, and Co.âI am connected considerably with the merchants of that placeâif there had been such a firm there, I think it is very likely I should have heard of it.

COURT. Q. Is there any city called Nicaragua in the State? A. Yes, but the Government call it Rivers; I am not familiar with that place; I have been there.

Cross-examined byMR. PARRY. Q. What is the length of voyage between here and Nicaragua? A. By the West India steamers it is five or six weeks; you land at Great Town, and go up the river in boats or craftsâit takes from a week to a fortnight to go up; it depends on the state of the river and the weatherâa sailing vessel to Great Town alone would take six or seven weeks six weeks I should consider a good time from an out-port in England.

JOSEPH WALLOD (policeman). I took Coleman into custody on 30th JulyâI took this paper (produced) from his pocket-book, which was in his pocket.

THOMAS BALCHIN (City policeman, 618). I took Gurney into custody on 30th JulyâI took these four papers from his desk in his office, at 38, St. Mary at Hillâhe had given me his address thereâI found a key on him, with which I opened the door of the officeâthe desk was unlocked.

MR. ISAACSre-examined. These two papers are in the writing of Colemanâthis third I believe to be in Gurney's writing, and the fourth in Coleman's.

Letters read: (H) "25th July, 1852. Dear Sir,âWe are in receipt of a letter from Mr. Birch, of Antwerp, and will feel obliged if you will favour us with a call. Coleman and Bottin."â(I) "To Francis Bottin and Co., Nicaragua. Mr. Coleman is the son of the late Mr. Coleman, of the firm of Coleman and Chapman, of Liverpool."â(J) "July 29th, 1852. To E. Isaacs, Esq. Sir,âWe hereby give you notice that a bill, dated Nicaragua, for 187l. 18s. 9d., drawn by Francis Bottin and Co., in our favour, and accepted by Messrs. Coleman and Bottin, of 59, Mark-lane, has been fraudulently obtained from us, without any consideration; and you are hereby cautioned from making use of such bill in any shape whatever. Joseph Gurney and Co."â(K) "26th July, 1852. Mr. Henry Birch. Dear Sir,âThe inclosed bill for 187l. 18s. 9d. is on Messrs. Coleman, drawn by Francis Bottin and Co., at ninety days' sight, which we authorize you to negotiate, and hand over the proceeds to us, according to arrangement between us. Yours truly, Joseph Gurney and Co.")

COLEMANâ GUILTY .

GURNEYâ GUILTY Aged 60.

Transported for fifteen years.

1035. HENRY BIRCH (was again indicted with said Lewin Yates Coleman, and Joseph Gurney ) for unlawfully conspiring to defraud Elias Isaacs; ( upon which no evidence was offered.)

1036. WILLIAM MARTIN and EDWARD GRAVES , forging and uttering a request for the delivery of a few pairs of bracelets.

MR. ROBINSONconducted the Prosecution.

JULIUS WILLIAM MARTINS . I am clerk to Messrs. Wild and Robinson. I know the prisoner Martinâhe was in the employ of Messrs. Wild and Robinsonâhe was errand boy there, and he likewise used to sell goods and put the sales in the bookâwe had a customer named TroupâMartin would have the opportunity of knowing that Mr. Troup was a customer, and of seeing his handwritingâwe were in the habit of furnishing goods to Mr. Troup on orders similar to this (produced)âMartin left in June lastâon 28th Sept. I saw the prisoner Graves, about 4 o'clock in the afternoonâI am not quite sure that that was the first time I had seen him that dayâabout 11 that day this order was presented to meâI believe by his general appearance it was Graves who brought it, but I cannot swear whether it was him or notâI gave the order to Mr. Wild, and he gave the bracelets to the person who brought the orderâI am acquainted with Martin's handwritingâboth these orders (looking at them) are in Martin's handwriting, to my best belief.

Cross-examined byMR. PULLEIN. Q. You were well acquainted with Martin's handwriting? A. Yes; I saw him write nearly every dayâit depended on business whether he wrote muchâhe wrote in the day book and the approbation bookâhe had not to write lettersâhe wrote very small orders to merchants in townâthere was other writing besides figures in the day bookâthere were articles that were sold, such as "six bracelets, so much," and so onâsometimes there were large ordersâbesides writing in the day book and approbation book he wrote little letters to merchants in townâhe was not a clerkâwhen I went there Mr. Wild called him errand boyâwhen this order was presented I called Mr. Wild and gave it himâI did not read itâI knew it was an order because the person who brought it said, "From Mr. Troup"âI called Mr. Wild and gave it himâI was busyâon my oath I did not read itâI rose from my desk and wont to him, and he said, "From Mr. Troup;" I called Mr. Wild, who was in the adjoining parlour, and gave it himâI had it from the person who brought it, and kept it till Mr. Wild cameâon my oath I did not read the orderâI have been in the employ of Messrs. Wild and Robinson one yearâI kept the day book and approbation bookâI wrote in the day book, and Martin wrote in it, and Mr. Wild, and Mr. Robinson alsoâI do not lock that book upâno one writes in the ledger except meâI keep the approbation book, the ledger, the cash book, and day bookâthere is only one errand boy there at a timeâMartin was thereâhe and I were very friendlyâI never called him clerk, and he never called him-self clerkâI called him by his nameâI treated him very friendlyâI never had any quarrel with him, that I rememberâI had not repeated quarrel with himâin business I sometimes told him not to do this or that, but I did not quarrelâI did not order him aboutâI can say, on my oath, that Mr. Wild or Mr. Robinson never told me that Martin was to have my place when I leftâMartin was once talking about itâI do not know that he was to have my place when I leftâhe could not, he cannot speak GermanâI cannot tell whether I was permanently engaged by Messrs. Wild and Robinson when I entered thereâI was paid by the weekâneither Mr. Wild or Mr. Robinson ever told me that I was engaged there merely to make up the booksâI was generally engaged thereâI found Martin there when I wentâI remained there till he left in JuneâI was there from Oct. last yearâno other person stood between Martin and my employers except myselfâthere was no other clerk or shopmanâbefore I went there Mr. Robinson kept the ledgerâI am a native of Poland; I have been in this country about two years and a halfâI had been in various situations before I got to Messrs. Wild and Robinson's

âI had been interpreter at an hotel, and I gave lessons in French and German, and I was barman at a public house in Turamill-street, Clerkenwell.

Cross-examined byMR. RIBTON. Q. This order was presented about 11 o'clock, and you would not swear that Graves brought it? A. No; I was brought to Union-court about 4, and I saw GravesâI shook my head and walked away, and I did not appear the first time before the Magistrateâon the second occasion Graves's mother did not tell me, but Graves told me to come.

MR. ROBINSON. Q. Why did you shake your head? A. Because I was not quite sure it was himâI said, "I shall send for the boy"âmy wages were much more than Martin'sâhe was in the habit of writing the sales in the day book, and it would be his duty to enter orders at times when I was away.

CHARLES WILD . I am a partner in the establishment of Wild and Robinson, Martin was in our service up to last Juneâbefore be left I received a communication from a policeman, and I made a communication to MartinâI recollect this document (looking at the order) being brought on 28th Sept.âI believe ft is Martin's writingâthe name on it resembles Mr. Troup's writing, but not the other partâthis was delivered to me by Mr. Martins, our clerkâI did not see him receive it, but I heard the door go, and the party asked for some bracelets for Mr. TroupâI selected the bracelets myself, and gave themâI had no doubt at the time that it was Mr. Troup's orderâI could not swear who brought the order, but from his general appearance I believe it was Gravesâit was a person of his general appearance, and his sizeâthe value of the goods I delivered to him was about 7l.âour errand boy was in the shop at the time; he is here.

Cross-examined byMR. PUELLEIN. Q. You had no doubt about it being Mr. Troup's order? A. No; I executed it immediatelyâI did not make a memorandum on the back of itâI could not say whether there was writing on the back of the order or notâI did not take further notice of itâI had not the slightest doubt it was for Mr. Troup, nor had I after executing the orderâI first noticed the order about 1 or 2 o'clock the same dayâI could not say whether there was then any writing on the back of it; I looked at the front of itâI do not recollect whether I looked at the backâI can swear I looked at the frontâthat was the first time that I believed it was not Mr. Troup's writingâwhen I executed the order I had no doubt of its being Mr. Troup's writingâI had been in the habit of seeing Martin write, sometimes in the day book, and sometimes in the approbation book, according to businessâI suppose he is about eighteen or twenty years oldâhe had been. in our service about three years and a halfâwe paid him at first 5s. a weekâhe could not write well at first; he improved in his writingâI did not examine his writing every monthâmy attention was directed to this order about 1 or 2 o'clock; I and Martins, my clerk, talked the matter overâwe did not look much at the entries in the day bookâwe looked at ones at the writing, to compare itâMr. Martins had not the slightest doubt about the writing, and I had no doubt about it myself, when we found that the order was forged; when we found that the bracelets had not been for Mr. TroupâI had no great conversation with Mr. Martinsâhe said, "That is our boy's handwriting;" and I agreed with himâI thought so myselfâMartin had asked for an increase of wages, and we granted itâhe had at last 10s. a weekâhe came at 9 in the morning, and left at 7 or 8 in the evening, according to businessâon some occasions he has stopped till 12 at nightâsometimes he had a great deal of outdoor workâhe sometimes had a great deal to do at

the Custom Houseâthere has been no dispute at all at the Custom House about our entriesâwe sent Martin to the Custom House to be careful that the goods were not broken in taking out and inâhe did not pass entries, our broker does all thatâhe asked for an increase of salary, and it was increasedâhe asked once more before he left for something beyond the 10s.âthat was not immediately before he left, to my recollectionâI hardly can say when was the last time we raised his salary; I believe it was last yearâI could not say exactly the time he asked for an increase; I believe a mouth or two before he left.

MR. ROBINSON. Q. You say, when you first saw this order, you believed it came from Mr. Troup; how was it you did not find out that it was not his writing at once? A. I did not examine it at once; it is generally done in businessâI delivered the goods without examining itâafter I had examined it I had no doubt about itâmy judgment was not formed from what Mr. Martins said to me.

DAVID BRICKLEY . I am errand boy to the prosecutors. On 28th Sept. I recollect this paper being broughtâI believe this to be the one (looking at it)âthe prisoner Graves brought itâI have no doubt whatever that he was the personâit was given to Mr. Martins, and he gave it to Mr. WildâI never saw Graves beforeâI saw him again about 4 o'clock that afternoon; I recognised him again as soon as I came close upon him.

Cross-examined byMR. RIBTON. Q. You are in the service of Messrs. Wild and Robinson? A. Yes, and have been about eight weeks; before that I was an errand boy in Whitechapelâthis order was brought between 11 and 12 o'clockâI was in the back part of the shop, as far as I am now from youâI was on one side of the counter and Graves was on the otherâI was directly opposite himâI never saw him beforeâI cannot describe his jacketâI know he had a blue striped shirt on, and a grey sort of cap which came on one sideâMr. Wild was in his parlourâI saw him speak to the person, and I saw him give him the braceletsâfrom the time Mr. Wild came from the parlour, and executing the order, he was about a quarter of an hourâhe only asked him who he came from, and told him to sit downâI afterwards saw Graves at Union-court, about 4 o'clockâthe officer, Green, took me thereâthe officer came to Mr. Wild's for Mr. Martins first, and when he came back he came for meâthe officer told me he was taking me to recognise the prisoner; he took me to the courtâGraves was sweeping the court with a cigar in his mouthâMr. Martins told Mr. Wild that he could not recognise him, and then the officer took me to recognise himâhe told me I was going down to recognise him.

MR. ROBINSONQ. Mr. Wild asked him who he came from; what did he say? A. From Mr. Troup.

NELSON RICHARDSON . I am in the employ of Mr. Troup, 36, Hatton-garden; he is a jeweller and watch maker. This order is not his writing, nor mine, nor anybody's in our establishmentâthis other order is not Mr. Troup's writing.

Cross-examined byMR. PULLEIN. Q. Are the orders sent by Mr. Troup indorsed in any way? A. They are not.

JOHN. TROUP . I carry on business in Hatton-garden. These documents are not in my handwritingâI did not authorise any person to send for these things.

Cross-examined byMR. PULLEIN. Q. Are all your orders signed by you? A. No, by the clerks in general, and they put their initials on themâI have live persons in my establishmentâI have not had more than eight or nine fox

the last two yearsâmy errand boy does not send ordersâhe is deputed to fetch orders in, but not to write.

MR. ROBINSON. Q. In your business, who would have authority to send orders? A. The last witness, chiefly; when orders are given in my name, they write, "For John Troup," in full, or "J. Troup," and then their own initials.

COURT. Q. Would any person, who has been in the habit of signing orders for you, be aware that this was not the proper form? A. Yes, I think so.

DAVID CURRIE . I am clerk to Mr. Keller, 88, Hatton-garden. On 28th Sept., about 12 o'clock, a person presented this requestâI believe it was the prisoner GravesâI have no doubt he is the personâI had never seen him beforeâhe brought the order in, and we were engaged with another customerâI took the order myselfâhe said he came from Mr. TroupâI told him we would send the goodsâhe said, "Send the goods immediately, there is a customer waiting to see them"âMr. Keller was not quite satisfied, and he went to Mr. Troup's.

Gross-examined byMR. RIBTON. Q. You believe it was Graves? A. Yes; I have no doubt of itâI never saw him beforeâI saw him again at Union-court the same dayâI went at the request of Mr. Green, the officerâhe asked me if I could recognise himâwhen I saw him in Union-court I saw his side face, and I could not recognise himâI went for Mr. Wild, and he was not at homeâI saw Graves again at the station the same day, and then I could recognise himâI expressed a conviction that it was him, but to swear positively, without shadow of a doubt, I could notâI had no doubtâwhen I looked him full in the face I considered it was him.

COURT. Q. Tell us what opportunity you had of seeing him in the shop? A. I was standing directly opposite the door when he came inâI took the order from him, and turned to Mr. Keller, and asked him if we had not better send the goods as we were busy, and he said, "Yes"âI was about two feet and a half from Graves, the width of the counterâhe was there three or four minutesâthe window is at the end of the counterâI cannot describe his dress particularly; I know it was a cap he had on.

LEOPOLD KELLER . I am a jeweller and importer, and live at 88, Hatton-gardenâI received this order on 28th September, about a quarter past 12 o'clockâit was brought by a person similar to the prisoner GravesâI believe be is the personâI could not swear positivelyâI was at home when the order was brought; I had very shortly before come into my houseâjust before I came in, I had seen the prisoner Martin standing at the corner of Hatton-garden and Cross-street; I knew him perfectly beforeâhe might be about eighty steps from my doorâwhen I got within about twenty steps of him, he saw me, and turned his backâwhen I got past, I turned and looked at himâhe was looking towards Hatton-wall, in the direction of Wild and Robinson'sâit might be about a quarter of an hour after I saw him that this order was presented by Graves.

Cross-examined byMR. PULLEIN. Q. When did you first mention about seeing Martin? A. At the Police-court, at Bagnigge WellsâI bad before mentioned it at Messrs. Wild and Robinson's, and to my clerkâI mentioned it first about 2 o'clockâI went to Messrs. Wild and Robinson's, when I found my order was forgedâI there saw Mr. Martinsâthey were not talking about these thingsâI asked them if they had received a similar order, and the order was fetchedâI will swear it was on 28th September, about 2 o'clockâthe time I saw the prisoner Martin was about 12âit was about a quarter past 12 when the

order was broughtâI saw Martin about twenty steps before I came to himâI did not take particular notice of his dressâI merely looked him in the faceâI believe he had a blue coat on, I am not quite sureâhe did not say anything to me; he turned roundâI had known him about three years and a half; I had not been in the habit of speaking to himâI have sometimes asked him how Mr. Wild wasâI used to nod to himâI did not nod this time, because he turned roundâI have no ill feeling against him.

COURT. Q. Had you ever had any dealings with Mr. Troup? A. Yes; I knew Martin beforeâhe used to bring the newspaper to my house almost every morningâI knew him as errand boy to Messrs. Wild and Robinsonâhe had brought messages from Messrs. Wild and Robinsonâhe never brought orders from Mr. Troupâthis was on a Tuesday.

CHARLES AYRE . I am errand boy to Mr. Keller. I was in the shop on 28th SeptemberâI saw the young man bring a paper, and he said he came from Mr. TroupâI am almost sure that Graves is the person.

Cross-examined byMR. PULLEIN. Q. Do you know the day of the week? A. I asked the young man what day of the week it was, and he said it was Tuesdayâit was rainingâI do not know that it poured with rainâI am not sure whether it rained all dayâpeople were running about with umbrellas, and some standing up at the houses.

Cross-examined byMR. RIBTON. Q. How long was he in the shop? A. Three or four minutesâI walked round the side of the shop by the counter, and looked up at himâI saw him afterwards at the police-courtâI went to Mr. Wild, and said, "Shall I go with you to the police-court to see if I can recognise the man?"âand I went with himâI saw Graves at the police-courtâhe was called, and I saw him come in, and I said it was him.

MR. ROBINSON. Q. Did you know him directly? A. Yes; I said I thought that was himâit was raining fast the day he cameâno one would stand outside by choice.

JOSEPH GREEN (police-sergeant, G 90). I know the two prisonersâI have seen them together before June, I should say about five or six monthsâI had seen them together about a dozen times during that timeâI had never seen Graves near Messrs. Wild and Robinson's premisesâI have known Graves the last five or six yearsâI had seen the prisoners together about a week or a fortnight before I took them in custodyâI pasted over this order at the back by order of Mr. Robinson, the solicitor, because it was tornâI do not recollect what was on the back of this orderâthere was some small writing something similar to what is on the back of this other orderâon the back of this, here is "L. Keller."

Cross-examined byMR. PULLEIN. Q. You have seen the prisoners together since June? A. Yes; I saw them together eight or ten days before I took them in custodyâI know Martin to be the associate of GravesâI had seen him with him beforeâI did not have a row with Graves in April; a personal squabbleâI might have met him in April, in Union-courtâI was engaged to find out these prisonersâI went to Martin's parents, and turned over their goods and thingsâhis father and mother are respectable persons in Fetter-laneâthat is in the cityâI had not any warrant with meâI had a City policeman at the doorâI opened one boxâI believe his mother to be honest; I took her word for the restâI found this one book, which I have had ever since (producing it).

MR. ROBINSON. Q. What is Union-court? A. A low neighbourhoodâI

have seen the prisoners together at Graves' mother's; she is married to a man named M'Donald.

MR. RIBTONtoCHARLES EYRE. Q. You told me you recognised Graves at the station, how many times did you go to the station house? A. Two or three times, I could not be sure whichâI did not recognize him the first timeâI was not sureâI was taken by the policeman to Clerkenwell-green to a place where prisoners are broughtâI was shown Gravesâhe was not pointed out to me by the policemanâthe policeman did not go up with me; the turnkey didâthe policeman did not tell me I should be sure to recognize Graves by means of his white buttonsâhe said to me, "Are they white buttons on his waistcoat?" I said, "I am not sure," and he did not say any moreâthe policeman said to the turnkey that I had come to recognize a prisonerâthe policeman did not say I should be sure to recognize himâhe asked me if I could, and I said yesâafter I had been to the prison I was brought to the police stationâI went to Bagnigge-wells the next day, and I recognized that the man I saw at the station was the same man I had seen at the prison at Clerken wellâI saw two little boys, and another person like a Frenchman, and the fourth one I said was himâI did not notice his buttons; I knew him by his face.

COURT. Q. Those persons at the prison were shown to you separately? A. Yes; they were in a little place; the turnkey said to me, "Is that him?âis that him?"âhe asked me that of each of them.

JOSEPH GREEN re-examined. Q. What dress bad Graves on? A. A kind of grey cap, a blue surtout coat, and a check shirt; I think it was blue stripe.

THOMAS JONES . (policeman, G 165). I know the prisonersâI have known Graves the last three yearsâI have frequently seen the prisoners togetherâto the best of my recollection I had seen them together two or three days before the 28th of Sept.âin the course of the month before I had seen them three or four times.

COURTtoCHARLES WILD. Q. Was Martin in your service at the time this order was delivered? A. No; he had left on the 12th JuneâI had discharged him.

MARTINâ GUILTYof Forging. Aged 19.â Confined Twelve Months.

GRAVESâ GUILTY* of Uttering. Aged 20.â Transported for Seven Years.

JOHN PARKINS . I am a bookbinder, residingin Charles-street, Westminster, not far from the House of Commons. I have known the prisoner fifteen yearsâI was aware that he had a situation in the House of CommonsâI had some dealings with him for waste paper, in 1848âI recollect meeting him just before Christmas, 1850âI learned from him that he had some waste paper to sellâI said I would have itâit was arranged that I was to fetch it with a horse and cart, which I was to take to the House of ParliamentâI had purchased once before of him, and I concluded I was to go there to the temporary entranceâon 24th Dec. my lad and my man went with the cartâI went at that time, and told the prisoner the horse and van were thereâI stood against the Committee room door, up in the corridorâI did not see the paper removedâI heard him tell my man to clear the cupboard in the corridor where the paper wasâthe man carried down the paper, and the boy assisted himâthe prisoner was there when they were clearing the cupboardâhe was with me standing against the Committee room door, some yards from

the cupboardâI cannot say whether he was there all the time they were clearing the cupboard, for I went away and left him thereâI was there with him perhaps half an hourâhe came to my house the same afternoon, about 5 or 6 o'clockâthe paper was brought from the cart to a little office and weighedâthe prisoner and my man and I were thereâwhile weighing it the prisoner saw a parcel in the scale, he took it out and opened it, and said, "This is better paper, I must have a higher price for this"âwe had agreed that 23s. a cwt. was to be given for the whole quantity, and we agreed for 29s. a cwt. for the better paper; there was 14 cwt. 3qrs. 10 lbs. of the waste paper, and 3 cwt. 2qrs. 10 lbs. of the better paperâthe whole amount was 18l. 2s. 3d.âI drew a check for 34l. in mistake, and gave it himâthat check was returned, and I gave him a check for the paperâI sold some of the paper that I gave 29s. to the prisoner for, to Mr. Jennings in March lastâI do not recollect what quantity I sold himâthere was some still remaining in my shopâearly in Oct., serjeant Thornton came to my house with Capt. Gossettâthey weighed eighty pounds of paper, and took it awayâit was part of the paper I bought of the prisoner on 24th Dec.âI think the prisoner called on me the same day, in the eveningâhe was a great deal excitedâhe said, "This is a bad job," and he asked me what he should doâI told him he must do the best he couldâI told him the police-sergeant and Capt. Gossett had been there and taken the paperâhe told me he was going to Mr. ChalmersâI told him he had better not come to my houseâhe came to me again the next night in a very distressed state, and I requested him to leave.

Cross-examined byMR. BALLANTINE. Q. Are you quite sure that you did give the prisoner a different price for the two different papers? A. Yes; I did make one mistake about the checksâhere is an erasure in this bookâI cannot account for itâit may have been a blotâwhere this quantity at 29s. is entered was made at the same time as the other, it does appear to be in a different inkâhere is 1849 before 1850âit sometimes is not put down immediately.

COURT. Q. Did you make the entries? A. Yes; and they were both made at the same time, and both after the discovery of the better paperâafter the goods were settled for.

MR. BODKIN. Q. How long were you weighing the paper? A. I should think about three quarters of an hour, but I left beforeâthere were, perhaps, twenty draughts, I cannot sayâwe weigh about half a cwt. at a timeâI do not remember who took account of the weight in the scale each timeâthe prisoner was standing byâit was weighed in an office place which is used for stowing away luggageâI had no table nor deskâthis entry was made after the prisoner went awayâI cannot recollect where it was made, I was ill at the timeâI had pen and ink in the shopâit was in the shop I made the entryâI made a distinct bargain for this paperâsome of it was tied and some was loose.

JAMES JENNINGS . I am a stationer, and live in the London-road. I purchased some paper of the last witness on 10th March, and I have bought of him once sinceâon 10th March I bought 12 cwt. of waste paper and newspapers, and about 3 cwt. of ruled paper of this description, at 28s.âsome of this was taken from my place.

JAMES GOODWIN . I was errand-hoy to Mr. Parkins in Dec., 1850. I went with the cart to the House of Commons to fetch the paperâI went to the corridor, and helped to hand the paper from the cupboardâMr. Mitchell was there at the timeâhe tied the parcels up, and I took them down to the cartâthis was in the afternoon, by daylight.

STEPHEN THORNTON (police-sergeant, A 26). I took the prisoner into custody on this charge on 18th Oct. I found him in the House of CommonsâI read the warrant to himâhe asked what the quantity of paper wasâI told him 4cwts.âhe asked if I had any other charge against himâI told him I hadâI took him to the stationâI took 1 cwt. and 3qrs. of this paper from Mr. Jennings's, and some from Mr. Parkin's.

JAMESH GEROGE ALEXANDER DIGGINS . I am an examiner of paper in Her Majesty's Stationery-office. This paper is, I believe, prepared for the short-hand writers of the House of Commonsâthis other is also paper supplied to the House of Commons.

ROBERT CHALMERS . I was for many years principal clerk of the House of Commons; I have now retired. I am well acquainted with the prisonerâhe was messenger there, I think, fifteen yearsâthere is a certain sort of paper supplied to the House of Commons for the use of the short-hand writersâthis is some of it (looking at it)âI know it by the rulingâhere is some of a larger sizeâthis is used by the copying clerksâwhen this was sent to the House of Commons it would he entered to Messrs. Gumey's, but the prisoner would have the care of itâMr. Pike is clerk of the stationery; but, in bit absence, the prisoner would sign the delivery order, and take charge of the paperâit would not be kept in store any timeâit would be kept in Mitchell's room, which adjoins the Committee-officeâit would be for the use of Messrs. Gumey's writers, and for the clerks of the Copying-office; but while there, it would be kept in Mitchell's cupboards, but he has complained of want of roomâit would not be kept there any time, because he would send word to Messrs. Gumey's office that it was thereâI have given directions to the prisoner to remove papersâthere is a great quantity of waste papers, and it is necessary to remove them, to prevent confusionâhe came to me on the morning of the 15thâhe seemed rather agitated, and in the course of conversation it came out that he had sold some waste paper, and he remarked that other persons had done the sameâI said he had no cause to make himself uneasy on that accountâhe had had no express directions to sell it; I hail told him to get rid of it, but I did not tell him what to do with itâthere is no express authority to sell waste paperâin fact, there are baskets attached to each desk, in which the clerks put their waste paper, and the prisoner would have to empty them, and take it awayâon the morning of 15th Oct. the prisoner called on me, and seemed in a very excited stateâhe made some efforts to speak, but could not get it outâI asked him the cause of his troubleâhe informed me it arose out of the sale of waste paper at the HouseâI remarked, if he knew it was only waste paper, I did not think he need be under such extreme alarm as he seemed to beâhe then told me that the man to whom he sold the paper had come to the House of Commons, and he had given him directions to clear a press, which contained waste paper, and, unfortunately, under the waste paper there was a quantity of ruled paperâhe certainly conveyed to my mind the impression that, having told the man to clear the whole, he did not see that this ruled paper was thereâwhen I heard that there was some ruled paper, I told him that could not come under the description of waste paper, and I desired him to go to Mr. Dyson, my successor, who lives near Slough, and communicate the matter to himâhe called on me again on Sunday, the 17th, and I told him that since I saw him I had learned that he had seen the ruled paper at the stationer's, and I said, "Upon discovering that, why did not you immediately withdraw it, and take it back to the House of Commons?"âthe words he made use of I do not quite recollect, but the effect of them was that he had not moral courage enough to make known the

circumstance of the paper to Parkins, the stationerâI do not recollect the words he used; but that it was a painful disclosure, or something that he had not moral courage enough, and I expressed my regret that he had not that courage.

Cross-examined. Q. I may take it from you, that he bore a most excellent character? A. Yes; he has a wife and young familyâfor the twelve or thirteen years before this there was no impeachment on his honestyâthis is a transaction two years old, and is the only matter against himâI dare say there was other waste paper in the cupboard of the House of Commonsâhe was very much pressed for room, and he has made representation of that to me.

COURT. Q. Was it not the duty of the clerk of the stationery to see that no paper of this kind was left in the cupboard? A. Yes; it ought to be kept in storeâthe prisoner's duty was to take care of what was left; but if the business had been done by the clerk of the stationery there would have been nothing left but waste paper; he had to keep an account of what would have been kept in store as well as what was leftâI wish I could come to the conclusion that the prisoner might have thought that this was waste paper by the clerk not taking it away.

JURY. Q. What were the prisoner's wages? A. Thirty shillings a week, and 30l. at the end of each session for good service, and for taking care of the session papers he had 10l. a yearâhis salary altogether was something about 120l. a year.

JOHN PIKE . I was clerk of the stationery of the House of Commons. It was part of my duty to order the stationery when it was wanted; I wrote the order, and the principal signed it, and the quantity was brought inâwhen it came in most generally I checked it, to see that the proper quantity came in; but I never checked this sort of paper under any circumstances; it was never checkedâwhen Messrs. Gurney said they were in want of paper, it was always my practice to give an orderâwhen it came in it was received by Mr. Mitchell, but it was never checked, inasmuch as Gumey's knew what I had ordered, and they knew what there wasâit was the prisoner's duty to receive it till Gumey's sent for it by their own manâI cannot account for two or three hundred weight of this paper being in that cupboardâI was away at the timeâit is my custom to go into the countryâit was my duty to summon the members, and various other dutiesâit would take me half an hour to tell you all my dutiesâwith respect to the stationery, the forms were prepared, and I had to sign them when they were wanted; and I receive some stores, such as sealing wax, and tape, and other thingsâif Mr. Chalmers wanted things he could have them.

COURT. Q. How did you know what would be wanted for the next sessions? A. I used to take the prisoner's word for what was wanted.

Cross-examined. Q. And you go into the country as soon as you can? A. yes, directly.

GEROGE WILLIAM DYSON . I succeeded Mr. Chalmers as principal committee clerk. On 15th or 16th Oct. the prisoner came down to me in the countryâhe appeared in a great deal of distressâhe said he was charged with having sold the ruled paper as waste paper, but it had been taken away by mistake, having got covered with waste paper; that he had discovered it afterwards, but was ashamed to have it brought back againâhe asked me to come to town and see Mr. Chalmersâhe said it was taken away in the waste paper, and he did not know it till afterwards.

JOHE ROUTLEDGE . I am the wife of John Routledge, a cabinet maker, at 71, Brick-lane, St. Luke's. On Wednesday night, 22nd Sept., about half past 12 o'clock, I fastened the doors and windows, before going to bedâthe back parlour window was shut and boltedâI got up next morning at a little after 6, and found the woodwork of the shutter of the back parlour window broken off, the corner forced up, so that an entrance was possible from without, and the doors which I had left fastened were all standing openâI missed a coat, two waistcoats, two dresses, and when I went to the drawers I missed a great many other articlesâthey were all my husband's propertyâthis (produced) is part of the properlyâthe back parlour window looks into a yard which leads to an open court.

Jones. Q. Did you ever see me up the court? A. Yes; on the afternoon before the robbery.

MARY KING . I live at No. 2, Vere-court, Bell-alley, St. Luke's, and am a widowâMrs. Spicer, the prisoner, lives facing me. On Thursday morning, between 9 and 10 o'clock, I was sitting at my window and saw a Mrs. Taylor, who is not here, take a bundle into Mrs. Spicer'sâin less than half an hour Mrs. Spicer and Mrs. Taylor came down togetherâthey had nothing with themâthey went away, and when they returned they both had something under their shawlsâthey went away again, and I did not see any more of themâin the afternoon, between 2 and 3, Healey came, and went up into Spicer's roomâHealey then looked out of the window, and called out, "Ann," to a young woman who came with herâAnn went up into Spicer's room, and she and Healey each took away a bundle from Mrs. Spicer'sâthey went down the court, and I saw no more of them.

SARAH COLLINS . I am the wife of Charles Collins, of Chequer-alley, St. Luke's. On 23rd Sept., between 9 and 10 o'clock, I was working at my window and saw the postman bring a letter to Mrs. Spicerâshortly after that Mrs. Taylor came with a bundle, and went upstairsâTaylor and Spicer shortly after came downâthey had nothing in their hands, and not long after that they both came back with a bundle each, and went up to Spicer's roomâSpicer had a bundle under her shawl, and Taylor a bundle in her handâin the afternoon, between 2 and 3, I saw Healey and a young person who is not here, comeâHealey went up to Mrs. Spicer's room, looked out at the window, and called "Ann"âAnn went up, and they both went away with bundles in their aprons.

GEROGE BANKS (City policeman, 153). On 23rd Sept., about 3 o'clock in the afternoon, I met Healey with the property that has been produced, under her apronâI stopped her, and took her into custodyâI asked where she got the articles fromâshe said from Mrs. Spicer.

THOMAS EVANS , (policeman, G 145). I took Spicer, on 23rdâsearched her room, and found this rightcap (produced) in a boxâI asked her whether it was hersâshe said it was, and she afterwards said it was notâI afterwards saw Healey in custodyâshe said she went and fetched the things from Spicer's, that the other girls were afraid, because the police were after them, and she was to meet them in Lamb's-passage with the thingsâwhen Jones and Ryan were at the station the charge was read over to them, and they were told that anything they said would be used against themâJones said in Ryan's presence that she was called up by Ryan and Mog (meaning Healey) to go with them at 2 o'clock that morning, that she went and stood at the corner of the court, and watched for the prisoners while they went up the court, and committed the robheryâI found these two gowns, and this handkerchief, (produced) at a leaving shop.

JANE ROUTLEDGE re-examined. These gowns, the nightcap, and handkerchief are mine.

WILLIAM FREDERICK PHILLIPS . I keep a general shop, in Arthur-street, St. Luke'sâmy customers are very poor, and when they cannot pay, I let them leave things. On 23rd Sept., about 8 o'clock in the morning, Ryan came to the shop, and Jones followed herâthey brought these two gowns with, them, and had butter, tea. and sugar for them, no moneyâI asked if they were their ownâRynn said they were, and they took away the provisions.

Jones. Q. Was I in the shop? A. Yes; you came about five minutes after Ryan; you did not speak, but you took away some of the provisions.

GEROGE RABBITT (policeman, G 241). I took Ryan on the 24th, and told her she was charged with committing a rohbery in Brick-laneâat first she said she knew nothing of it, and directly she said, "You ought to have fetched the other girl," meaning Jones; "she knows as much about it as I do."

Jones's Defence. I came home about 12 o'clock that morning, and about 2, Healey came and asked me to go home with her, as her mother was gone out nursing, and she asked me to wait at the corner of the street, and tell her if the policeman came.

(Spicer put in a written defence, stating that the nightcap was given her by a neighbour, and that she was not aware that it was improperly come by.)

1040. GEORGE HOLYHEAD , charged upon the Coroner's inquisition only, with feloniously killing and slaying John Howes and Cornelius Crowly.

MR. CAARTEENconducted the Prosecution.

SOLOMAN PIGOTT . I am a toy-dealer, at 15, Little York-street, Whit-more-road, Hoxton. On Sunday evening, 3rd October, I went to the prisoner's; he carries on the business of a firework maker, at 30, Rose and Crown-court, and occupies the whole houseâthe manufacture is carried on in the first floor back roomâthere is a shop to the houseâI knew John Howes,

one of the deceased lads,âhe was in the prisoner's employâI have seen him come into the shop when I have been thereâI cannot say that I have seen him engaged in making fireworks, but I have seen him bringing them down stairsâI got to the prisoner's about a quarter to eight on this eveningâI found the prisoner, his wife, and two young girls, in the back parlour, I passed through the shop to go thereâthe prisoner left the room two or three times while I was thereâI heard a loud lumbering noise overhead, and said, "Have not the boys left off work?"âI addressed that generally; the prisoner was in the roomâhis wife said, "No, they have not yet"âI observed that I did not like Sunday work, I thought no good came of itâthe prisoner was present, but did not say anything; he left the room after that, but I cannot say where he went toâthe room opens into the passage where there is a staircase leading to the top roomâafter he left the room I immediately heard a noise as if a person was walking upstairsâhe did not remain away many minutesâI am not certain whether he went up two or three times, but after he came down the last time, he said to his wife, "The boys may as well leave off now"âthat was about a quarter or half past 8âhis wife then left the room, I heard a person go up, and when she came into the room again, she said, Jack had got a few more to finish, and be would stop and finish themâI do not think the prisoner made any reply to that.

COURT. Q. Did the prisoner direct his wife to tell the boys to leave off? A. He merely said the boys might as well leave off.

MR. CAARTEEN. Q. After the wife came down did the prisoner remain in the room? A. Yes; and about five, seven, or ten minutes after that an explosion took place like the report of a cannonâupon that I rushed out of the house through the shopâabout five minutes after, I returned, and met Mrs. Holyhead at the shop door with her apron full of fireworksâI looked through the window and saw the prisoner in the shop by the side of something that was burnedâit was outside the counter on the floorâI cannot tell what it was, but it appeared like a bundle of something burningâI went into the shop and assisted the wife to pack up the fireworksâsoon after the explosion I saw the boys out in the courtâthey were very much burned all over; the flames were out, but their clothes were still burning when I first saw themâthey were taken away on shuttersâI afterwards went upstairs to the back room, the window frame was blown out, and the shutters burned and shatteredâthe table which stood by the partition dividing the room from the passage, was very much burned, and there were remains of firework cases which seemed to have exploded, on the floorâI did not see any candleâI saw the prisoner afterwards, he said it was his total ruinâhe said the room was lighted with a flat candlestick with a common tallow candle in it, and a glass globe round itâI cannot tell now what conversation led to his mentioning thatâI may have asked him what sort of a candle he used, but I cannot say whether I did or not.

Cross-examined byMR. SLEIGH. Q. Was not this what led to it; that he could not conceive how the accident could have happened, because the candle he used had a glass globe round it to prevent accident? A. He may have said so, it is very likely he did, but I cannot bring it to my recollection nowâI went to the prisoner's that evening to get some goods I had purchased.

COURT. Q. Did you know Howes? A. Yes; he was about sixteen years oldâI did not know the other boy.

DENNIS MULLENS . I live at 13, London-passage, Whitecross-street. John Howes was my brother in law's sonâhe was fourteen years oldâhe

had worked for the prisoner four or five years, off and on, at making fire-worksâI saw his dead body at St. Bartholomew's Hospital, on the Monday after the accident.

MARY CROWLY . Cornelius Crowly was my sonâhe was fifteen years old on 4th Mayâhe went to Mr. Holyhead's work on the Wednesday morning before this happened.

WILLIAM GEROGE CALLENDER . I am house surgeon at St. Bartholomew's Hospital. The two boys were brought there about 9 o'clock on Sunday evening, 3rd Oct.âthey were very severely burned all over the bodyâHowes died at half past twelve on the Monday morning, and Crowly died at half past threeâthey both died from the effects of the burns.

NOT GUILTY .

1041. JOSEPH BLACKIN was indicted (with John Tweedy, see p. 51) Robbery on Charles William Sheerling, and stealing I watch, 1 guard, and 1 key, value 32s. 6d.; his property, and beating and striking him: he pleaded

ELLEN WILLIAMS . I had a daughter in the defendant's serviceâshe left on a Monday, about five weeks ago, between 9 and 10 o'clock at nightâI do not know the day of the monthâon the Wednesday afterwards I went to the defendant's house at Stoke Newington with Margaret Ann Jonesâwe got there about half past 8, as near as I can guessâwe had taken some spirits at Mrs. Jones's houseâwe were sober; we were not tipsyâMrs. Jones was soberâwe were both alikeâthere are eight or nine steps up to the doorâwhen we got to the top I knocked at the door, and Mrs. Jones stood at the sideâthe defendant opened the door, with a parcel in her hand containing a pair of clogs and two coarse aprons, belonging to my daughterâI said to her, "I have come concerning a servant girl you had living with you; I am her mother"âshe made me no reply, but heaved this bundle in my face, pushed Mrs. Jones with the other hand, and then shut the doorâshe said nothing as she did thatâMrs. Jones had no time to say anythingâshe was down in the area in a minuteâshe had not said anything; she only stood at the side, with her back towards the areaâthere were no rails to protect her from the areaâit was a violent push sideways, and the door was shut very violently indeedâI knocked at the door, and said, "For goodness sake come out and see what you have done to my friend; I think you have killed her"âthere was no answer; no one came to the doorâI ran down two or three steps, jumped into the area, and saw Mrs. Jones there in a pool of blood; about that time help came, and Mrs. Jones was taken to a doctor'sâMr. Keale came out of the next house, and gave me and my daughter in charge, as he said, for breaking windowsâI afterwards saw Mrs. Jones in the Hospital.

Cross-examined byMR. CLARKSON. Q. Had your daughter ever been in service before? A. Yes; she had not left that place suddenlyâI have not

had a drop of gin to-dayâI am sure of thatâshe did not leave her former place suddenly, nor did I go there at night and make a row, because a he left properlyâI went once into the Kent-road concerning her leaving her placeânot at nightâI think it was between 3 and 4 o'clock in the dayâI do not know how long ago it was; I did not keep it in my head, not thinking of this happeningâI am not in the habit of drinkingâI work for my living; I am a tailoress; how can I drink?âI work to maintain my family; I drink, but I do not make a practice of itâI do not know that I am in the habit of drinking gin, and being overcome by itâI know that man as a neighbour of mine (Balchin, a detective officer)âhe lived in the same house with meâI do not know how long it is; seven or eight years ago I think, but I do not keep a memorandum of those sort of things in my head; that has nothing to do with Mrs. Jones's deathâI am not in the habit of getting drunkâMrs. Jones and I were not drunk on this nightâyou might say, as we had taken a little refreshment, that we could not be sober; we knew well what we were aboutâwe never meddled with any one, nor yet used violence or bad languageâI took a little gin at Mrs. Jones'âI swear we did not take any spirits it any public house, or anywhere elseâI took no more spirits that night, that I recollectâI know we did not go into any public house going alongâI should not like to swear I took no spirits anywhere elseâwe did not want to go into the house when we knocked at the door; we wanted to know the reason the girl was turned awayâa he had been at Mrs. Keale's a fortnight, and was paid a month's wages and turned away between 9 and 10 at night, and the lady next door took her boxes inâI was taken into custody that nightâI was not finedâI had the money returnedâMr. Keale brought in his bill for breaking the kitchen window where Mrs. Jones fell.

Q. Will you swear you were not fined for being drunk, and committing wilful damage? A. Mr. Keale wanted 7s. for the broken window; the Magistrate said he did not consider a little kitchen window was worth 7s. t and so I was to pay 5s., which I paid; and in a minute or two he said, "Here, good woman, I think we shall be able to save you this," and returned it to meâI do not know what the fine was forâI was given in charge for what Mr. Keale thought proper, me and my girl, and the girl never gets drunk; I paid no fine at all; it was returnedâMrs. Keale was standing close by the step when she opened the doorâshe had the door in her hand at firstâI did not notice whether she ever let the door out of her handâshe shut it violently as soon as she had thrown the bundle into my face; nobody had tried to kept it open; I did not try to prevent it being shutâI merely asked Mrs. Jones to go with me as a friendâshe had gone with me to the other place in the Kent-road, when I went to make inquiry thereâI did not are Mr. Keale at allâit was darkâit was about half past 8âwe had left Mrs. Jones's about half past 6âI do not know the distance to Mrs. Keale'sâwe were not tied to any particular time, and we looked in the shopsâwe might have walked it in three-quarters of an hourâwe were two hours going, but were not tied to time, as it was a fine eveningâMr. Keale came out of the next house from round the gardenâI called murder when my friend was pushed over, for the sake of getting assistanceâthe bottom of the area is three or four feet from where I jumped fromâI did not notice whether there is any dwarf wall or parapet to itâI went before the Coronerâwhen I was knocking at the door Mrs. Jones was on my left, with her back to the area.

(The deposition of Mary Ann Jones, taken at the Hospital before Mr. Ald. Hooper, was here read, as follows:â"I have very little to say on the subjectâI went with the servant's mother to get the box homeâI heard

no words, but I received a blowâI fell backwards off the steps, and fell I know not whereâit was a house at Stoke Newington; it was a nice house up stepsâit was dark, between 8 and 9 o'clock on Tuesday eveningâI received the blow from a person who was stated to be Sophy's mistressâI think I should know her if I saw her at her own doorâI never saw her beforeâI cannot identify her nowâit might have been a push, I cannot say it was a blowâthree of us went to the houseâwe called on a friend going along and had some gin; I and my mother and the other person had someâwe left Crown-street about 6âI might have had two glassesâwhen we left that house the girl said, "Make haste or we shall be too late, it is near 8"âSophy was close byâI and the mother went up the stairs, the lady brought a light to the doorâthe person who had the light was the same that gave me the pushâI do not know whether the lady spoke to me or notâthe mother knocked at the doorâI was standing behind the mother when she knocked at the doorâI did not hear what passed between the mother and the lady, but they were not high words; what passed did not occupy a minute. Cross-examined by Charles Swan for the defendant, says: "I do not know whether the person came out upon the steps, or only partly opened the door." Examined further, says: "I hope I shall recover."

ANN STURT . I live at Newmarket-place, Southgate-road, Kingsland. Between 8 and 9 o'clock on this evening, I was passing Mr. Keale's house, and saw two females on the steps; the door was open, and the first thing I saw was a hand pushing one of the females, who fell over into the areaâI was just by the gate, which is, perhaps, three or four yards from the stepsâthere is a little gardenâthe push was as though it was done in a hurryâthe door was then shut violently, slammed to, and then the other person commenced knocking at the door, calling for a light, and saying they had knocked her friend into the areaâI borrowed a light from next door, rendered what assistance I could, and went for a doctor.

Cross-examined. Q. You were passing casually? A. Yesâthe females did not appear to me to have been drinking at allâthe door was about halfway open, and the hand came from within; I could see the hand, but nothing elseâI do not remember the police coming up and asking who was the master of the houseâI asked who was master of the house; Mr. Keale did not come forward while I was there, and say, "I am master of the house"âI did not say, "You are the person whose hand pushed the woman out"âI did not tell Mrs. Richards so.

COURT. Q. Did you see one hand of the woman or both hands? A. Only one handâI could not see whether it was the right or the left hand, it was momentaryâI saw nothing thrown outâthere was a light in the passage; I could not see whether it was a lamp or a candle, or how it was held.

WILLIAM HARRISS STERTTON . On Wednesday, 22nd Sept., I was house surgeon at St. Bartholomew's Hospital. The deceased was brought there that evening; she was cold, had got a very small pulse, and looked very pale in the faceâshe had a wound on the right side of the forehead, a slight injury to the right arm, loss of motion in the lower and upper extremities, and complained of great pain at the back of her neckâthe injuries might have been caused by a fall down an area; she died about noon on 26'thâin my judgment the injuries I found on her were the cause of her deathâdeath was caused by rupture of the elastic substance which preserves the bones of the neck, and pressure on the spinal marrowâshe was brought in about 11 o'clock at night, her breath smelled of liquor.

WILLIAM HENRY HARDEN (policeman, N 491). I went to the surgeon's

and first saw the deceased thereâI have examined the house, there is a pillar on each side of the door.

Cross-examined. Q. Is there a dwarf parapet along the side of the steps before the area? A. Yes; there is no protection between the steps and the area, but a parapet, eight or ten inches highâI do not recollect how many steps there are up to the door, the area is about three or four feet deepâas you go to the door it opens to the right; when you stand inside you open it to the left.

HUSTINGS MOORE (policeman, N 29). I took the prisoner at Clerkenwell police court, she had come there to make a complaint against Mrs. Williams for breaking windowsâshe accompanied her husband thereâI told her what she was charged with; she said it was a very bad job, the two women came into her house drunk, but she did not push the woman that fell into the area.

Cross-examined. Q. Have you reason to believe that the defendant and her husband are persons of perfect respectability. A. Yes.

JOHN GILBERT (policeman, N 384). On 22nd Sept., I was called by Mr. Keale, and took Ellen Williams into custody about 20 minutes before ten o'clockâI took Sophia Williams as well; they were both drunk.

(The prisoner received a good character.)

NOT GUILTY .

1043. JAMES PHILLIPS was indicted for the wilful murder of Ann Matthews.â2nd COUNT, of Ann Brown.âHe was also, charged, on the Coroner's inquisition, with the like murder.

MR. DEARSLEYconducted the Prosecution.

MARY RICHARDSON . I am a widow. I lived at 11, Shepherd-street, in the service of the deceasedâher name was Ann Matthewsâfor a long time she went by the name of Brown, but her proper name was Ann Matthewsâshe was always called Brown while I lived thereâI know the prisonerâthe deceased was his auntâhe had lived there a little better than two yearsâthey lived together like man and wifeâon Saturday evening, 8th Oct., the prisoner left home a little before the candles were lighted, about duskâit had struck 12 when he returned homeâhe was then betwixt and between as to drinking, but he was perfectly aware of what he was doingâthe deceased was sitting on the hearth-rug, with her feet towards the fender, in the back parlourâthat was the room in which they sleptâshe sent for a pot of beerâthe girl, Sarah May, went for itâshe prisoner came in while she was sitting on the hearth-rug, but she had been sitting there a good bit before he came inâwhen he came in he turned the bedclothes down, the first thing, with the intention of going to bed, and he told the girl to go to bed likewiseâhe then called his aunt a very improper name, and said she was sitting in a dirty position before the fireâthe deceased replied, "Jem, you can go back where you came from; I can do without you, and I don't want you here"âhe then jumped up, and with his fist he gave her a violent blow on each side of the temple, but it did not bleed; it was bruised, but did not bleedâhe took her head like that (describing it), and hit her violently with both hands on each side of the headâthe prisoner was standing up behind the deceased at the time he struck herâI begged him not to do it, as it was getting Sunday morning.

Q. What kind of blows were these, as to violence? A. Why he could not do no more than he did with his doubled fistâshe told him it would be the last time he should ever hit her, for the next day she would swear her life against himâI did not observe anything on her forehead, or any other part, at that timeâthere was then a ring at the bell, and I went to the doorâI had not gone above three or four steps at the furthest before I heard the deceased say, "Oh, Mary!"âI was not absent three minutes, I am positive, from the

short distance I wentâI returned to the room immediatelyâwhen I went in the prisoner's boots stood alongside of my mistressâI took them up and put them under the foot of the bed, and went to her assistanceâshe was then lying flat on her back, with her feet still towards the fireplaceâI directly went to try to lift her up, and I said to the prisoner, "Jem, you have killed your aunt; at least, she is quite dead"âI got a pillow to put under her head, and there was apparently a little bit of sound in her throat, but she was quite deadâthe prisoner did not assist me then; when I asked him he didâhe sat on the foot of his bed, but he did not offer to lie downâI said to him, "Jem, will you assist me to raise your aunt up? she is quite dead"âI was stooping down over her, and he instantly came and sent me away from her; be took me by my clothes, and hoisted me towards the parlour door, away from her, as I was trying to pick her upâhe then stood on my right hand, near the fireplaceâhe had neither boots nor stockings on, nothing but his shirt; and as he stood there, he said to me, "Look here," and he took his foot and projected it down upon her stomach three or four times, but I did not count it; I was too frightenedâhe then told me to take a light and go to bed, and leave her; she was right enoughâhe then said, "There is nobody can make you open your mouth; if they say anything, it is sure to be 'hanged or transported'"âI said to him, "Will you assist me, and raise your aunt on the bed?"âhe said, "If you will lay hold of her feet, I will lay hold of her head;" and we did so, and laid her on the bedâhe then went to bed himself, and laid on his side, and covered himself overâhe said, "Take the light and go to bed; I am not afraid of being in the dark with her"âI said I would have a doctor, or some medical adviceâhe got out, and put his boots on, without any stockings, and said, "I will fetch a doctor; she shall soon have a doctor"âhe went to Mr. Westlake's, a neighbour's houseâMr. Clark, a doctor, cameâthe deceased was in very good health when I saw her sitting on the hearth-rugâshe was quite sober then.

COURT. Q. What do you mean by then? A. Why, she was in the habit of drinking a little gin and water; but she was lying down; she often laid downâshe had not been drinking at all that evening.

MR. DEARSLEY. Q. Were you sober or drunk? A. I was perfectly sober, as sober as I am now, for I never drink any spirits.

Cross-examined byMR. PARRY. Q. This place was a brothel, was it not? A. Yes; I had been there eight yearsâthe deceased had had the house during the whole of that period, and before I went thereâthe prisoner had only been living there for two yearsâa brother of his lived there before him for a little while as a porter, but he died in the Fever Hospitalâthere is a sofa in the roomâwhen I returned from answering the ring at the bell, I found my mistress lying straight back on the floor, with her feet towards the fireâher head was not close to the sofa; she was too far away from the sofa; I am positive of thatâthere was a good space between her and the sofa; I cannot tell exactly what spaceâthe back of her head was near the drawers, nearer than the sofaâthere was a chest of drawers as well as a sofaâher head was not touching the drawers; there was room for me to put my hands down behind, to try to raise her head upâafter the prisoner struck her in the way I have described, a potboy from a public house came in, and brought a paper and put it in her lapâI brought the deceased's spectacles in to her, but she did not begin to read the paperâshe put them on for the purpose of readingâI was not absent more than three minutes; I only went to the door and back immediatelyâI did not return when she cried out, "Oh, Mary!" I went to answer a lady and gentleman that came, but I heard no bustle in the room while I was goneâI did not attend to the lady and gentleman; they did not

come in; I only answered them at the doorâthe room where this occurred was the back parlour, on the ground floor, as you come in at the doorâI did not go out to drink during the three minutesâat the time the prisoner put his foot on the deceased's chest she was quite deadâhe had neither shoes nor stockings on thenâshe was lying on the floor, flat on her hackâhe said to me, "There is nobody can make you open your mouth; if you say anything we are sure to he transported;" or something of that kindâI have mentioned that before to-dayâI have been waiting about here for this trialâI have been in the public houses oppositeâI did not say there that I wished this man might be hungâI did not say so.

Q. I warn you to be extremely careful in answering my questions; upon the solemn oath you have taken to speak the truth, did you not say, over the way at a public house, that you wished this man should be hung? A. If you had been in the place, and saw what I saw, you would have thought to too.

COURT. Q. Then, did you say you hoped he would be hanged? A. Yes, I did, Sir.

MR. PARRY. Q. Then when you answered my question "No" just now, it was a falsehood was it? A. Certainly I did say so; I beg your pardonâI did say I wished he would be hungâI did not repeat itâtwo or three times I might say it; I do not know whether I said so on two or three different occasions; I only said it to the same party that was thereâthe remainder of the other persons that are coming in; I mean the witnesses.

Q. Did you not go out and point out the spot where you said he would be hung? A. That I could not do.

COURT. Q. Did you not point out any place as the place where he would be hanged? A. No; I never saw anything erected in my life where he could be hungâI did not say that.

MR. PARRY. Q. I am not asking you what you said; did not you go to a place near here, and tell some persons with whom you were that that would be the place where he would be hung? A. No; I was shown the place, but I did not say so myselfâI was not asking for the placeâI do not know how I came to be shown the place; I was not asking to be shown it.

Q. How came you then to be shown it? A. I thought if ever he came back again I might stand the same chance as his aunt; I did not wish him to come back againâI do not now wish him to be hanged, and if it was to do any good I would as soon be hung up as him.

COURT. Q. When did you change your mind about it? A. I never changed my mind at all, no more than that saying he deserved it.

MR. PARRY. Q. How came it that you were shown the place where he was to he hung? A. That I do not knowâI cannot tell you anything about it, for I never saw a gallows erected, nor anybody on it, in my lifeâsomebody showed me the place where they came outâI do not know how they came to do soâif you ask the other people that are here, maybe they can tell you betterâI do not know how I came to be shown the placeâif any one was to say look here, and show me, I should lookâI cannot say who showed me the placeâthere were others there, and you can ask them who it was that said it.

COURT. Q. Were you all together in a party at the time? A. Yes; I was sitting by the fireplace, and never got up when they went to look, at the windowâall the witnesses were sitting together in the room at the time.

MR. PARRY. Q. had gone to that place, had you not, for the purpose of looking at this window? A. No; I was taken there to sit among the people that were there, in the warm, as I was very ill.

Q. Did your late mistress ever beat you at all? A. Beat me, no; she has shoved me before now, if I did not do anything I had to do quick enoughâshe was a very clever woman in her work.

Q. Has she not repeatedly shoved you when you did not do what she wanted you to do? A. Well, I was more shoved by the other party, a great dealâshe has repeatedly shoved meâshe never beat meâshe has sometimes turned me out of doors in the middle of the night, when we had a few wordsâshe has said, "There is the door, go about your business"âshe has pushed meâshe has sometimes violently pushed me out of doors in the middle of the night; that is a long while back; not latelyâI never drink anything but a drop of porterâmy mistress had but a little drop of gin and water, that dayâshe only sent for 6d., worth, and that was there long enough, and she drank about a wine glass full with hot water to itâshe was correct and sober, there are plenty of people can tell thatâshe had a little tumbler, and she might have had something in thatâthere was a little glass as wellâshe never drank it without waterâshe never drank rum or brandy, only gin.

SARAH NYE . I am a single womanâI lived with the deceased for one week, before this occurrence. On the night of 8th Oct. I supped with my mistress, at half past 11 o'clockâthe prisoner came in just at 12âhe told me to go to bedâI said I would not, till my mistress had told meâmy mistress was sober enough at that timeâshe had been lying down on the sofaâshe was quite soberâI went to bed by my mistress's orders, directly after the prisoner came inâI saw the prisoner again at about half past 12 that same nightâhe came to my bedroom door, and said, "Get up, get up Bet, dân thee! come out in thy shirt, your mistress is dying! she is dead! we shall be transported! we shall all be hung!"âI went into the parlour, and saw my mistress on the bedâI saw a graze on her forehead, and I said, "Oh, oh! my mistress has had a blow"âthe prisoner said, "Dân thee, Bet; hold thy tongue!"âthe doctor was sent forâMr. Westlake went for himâthe prisoner went to Mr. Westlakeâthe doctor noticed the graze on the forehead, and said, "What is this on the forehead?"âthe prisoner said, "She has fell off the sofa"âI said, "No, she has not;" and he said, "Dân thee, hold thy tongue, Bet!"

FRANCIS CLARK . I am a surgeon, and live at 14, Henrietta-street, Cavendish-square. Between 1 and 2 o'clock, on Sunday morning, 10th Oct., I was called by a man named Westlake to see the deceasedâin consequence of what he said to me, I sent my son to No. 11, Shepherd-street, not being able to dress so quickly as usual from having had a fall and injured my wristsâI followed himâI had known Mrs. Brown, the deceased, half a year previouslyâI had been called to attend her in May last, for the first time, and I had subsequently been calledâwhen I got to 11, No. Shepherd-street, I saw the deceased in the parlour, lying on the bedâobserving some marks on her forehead, I took the old woman aside into the passageâI examined the forehead, and found the marks of a blow on each templeâthe one on the left side was slightâthat on the right side was more severe, and the skin was slightly abraidedâI should say the deceased was between fifty and sixty years of ageâwhen I observed the marks, the prisoner said she had fallen against the sofaâI am confident he said against the sofaâI made a post mortem examination on the Tuesday followingâI found on the external part of the body various marks of bruises of long standingâa severe bruise on the left hip, extending on to the back, and the two marks before mentioned on the templesâthe mark that extended to the back was apparently recentâthe old bruises were in various parts, and she had on a plasterâI examined the head; on removing the skull-cap, and the dura mater; I found a coagulum

of effused venous blood on each side corresponding with the external bruiseâthere was effusion of liquid venous blood in the ventricles at the base of the brain, and all through, a general effusionâI saw quite sufficient to account for the deathâthe cause of death was effusion and extravasation from the rupture of a vessel from concussion of the brainâthat was caused by external blowsâthere is no doubt that a violent blow on each side of the head would cause what I observedâit is impossible to say what time would elapse before a person would die after receiving such a blowâit might be longer or shorterâit does not follow that death would be immediateâit would mainly depend upon the size of the vessel so rupturedâI examined the chest and abdomenâall the vital organs were perfectly healthy throughout, unusually healthyâI examined the contents of the stomach, it contained about from half to three quarters of a pint of fluid, apparently of a natural kind, but there was no appearance of spirit or of any other deleterious substance having been drunk.

Cross-examined byMR. PARRY. Q. Do I understand you to say that you noticed that the vessels of the brain were spotted with blood? A. I describe a coagulum on each side internally, corresponding with the external woundâthere was a general effusion of liquid blood in the base of the brain, and all throughout; the brain appeared to me to be in a remarkably healthy state, unusually soâthere was nothing whatever to indicate that the brain was at all diseased; there was a vessel decidedly ruptured on each side, and probably in other portionsâa person falling back upon the floor, and striking against a hard substance, might produce it, without any external markâI attribute death to the general effusionâthe effusion was not much greater at the base of the brain behindâthere was a considerable coagulum on each side, corresponding with the external bruises, about the size of a 5s. piece at least in extentâI examined the lungs, they were perfectly healthyâthere was air in themâI should fancy there would have been less air in them than I saw if any very great violence had been used to the chestâif there had been a great pressure on the lungs, there would have been a greater collapse than I saw.

MR. DEARSLEY. Q. Did you observe the back of the head? A. I did; I did not observe any sign of injury there whateverâif a person had fallen back on the head on the sofa with such violence as to cause concussion of the brain, I should certainly have expected to find some external mark.

MR. PARRY. Q. The effect of concussion of the brain is instantaneous insensibility, is it not? A. Decidedly not.

COURT. Q. That would be a question of degree? A. Yes; depending upon the quantity of effusion, and the size of the vessel ruptured; frequently the appearances do not show themselves for some days after concussion, when the vessel ruptured is very smallâthere may be concussion without the actual rupture of a vessel.

MR. PARRY. Q. Judging from the blow described, the coagulum you noticed within, and the rupture of the blood vessel, would not the concussion produced by such a blow he almost instantaneous? A. I should fancy that death would be very quick from such severe blowsâbut very frequently insensibility would not immediately follow even from such blows as that.

COURT. Q. If the woman was in the habit of living rather freely, or had been in the course of that day taking a certain amount of spirits and water, and porter at night, would that increase the tendency to receive injury from a blow? A. No doubt of it; so that a smaller amount of actual violence would occasion the mischief.

THOMAS WESTLAKE . I am a grocer, and live at 2, Union-street, New

Bond-street. On the Saturday night, 9th Oct., about 12 o'clock, the prisoner came to me for the purpose of getting a doctorâI went for the doctor, and Mr. Clark attended.

Cross-examined byMY. PARRY. Q. You were examined, I believe, both before the Magistrate and the Coroner, were you not? A. Yes; when the prisoner came to me he appeared in a very agitated state, half madâI had drank with the poor man at half past 12 o'clock on the Saturday nightâhe hallooed out to me, "Tom, Tom! Ann is a dying!" Mrs. Brown is a dying!" and knocked violently at my doorâI have seen the deceased exhibit violence toward several of the servantsâI have seen the prisoner with scratches on his face, and, I think, on one occasion with a black eye.

HENRY BARNES (police sergeant, C 4). About 2 o'clock on Sunday morning, 10th Oct., I went to the house of the deceased, in Shepherd-streetâI saw the prisoner there, and said to him, "I understand Mrs. Brown is dead? "he said, "Yes, poor creature, she is"âI said. "Very sudden, was it not? "he said, "Yes"âI drew down the sheet of the bed, and there saw her dead bodyâI looked at the marks on the temples, and found there were two bruises, one on each sideâI said to him here are some bruises hereâhe said, "Yes; I will tell you; she was sitting on the hearthrug, and she fell over, but while she was sitting on the hearthrug she said, "So help me Gâd! I will never come into bed with you again alive"âI took two constables to the house, and said to the prisoner, "It is necessary that you should come to the station and make that same statement to the inspector"âhe said, "Yes; I will go"âon the way to the station he put himself in different postures showing me how she was sitting, and how he lifted her up; that he assisted Mary in getting her into bedâhe asked me whether that was not natural enough, and I said, "Yes"âhe made a statement to the acting inspector at the station just similar to what he had told me.

GUILTYof Manslaughter. Aged 26.â Transported for Fifteen Years.

ESSEX CASES.

Before Mr. Recorder.

1044. JOHN CLARK and GEORGE COCKSEDGE , stealing 1 metal ball, and other articles, value 8s.; the goods of John Creed Dexter, and fixed to a building: Cocksedge having been before convicted: to which

JOSEPH MARTIN . I am clerk to the Eastern Counties Railway Company. I went with the policeman to the prisoner's house, on 11th Oct.âI there found this tarpaulinâit belongs to the Eastern Counties Railway Company.

GEORGE HERITAGE . On the evening of Sunday, 10th Oct., between 6 and 7 o'clock, I was in North Woolwich-road, close to the Eastern Counties RailwayâI saw the prisoner, and several parties in company with himâI saw the prisoner and another man put a tarpaulin into a cart, which turned out to he the tarpaulin belonging to the Eastern Counties Railway Company.

Cross-examined byMR. ROBINSON. Q. You saw him pick it up in the road? Yes.

COURT. Q. What time was it? A. Between 6 and 7 o'clock; the lamps were lightedâthis was lying close by the fenceâthe railway runs along the side of the roadâthis was lying near the fenceâit was folded up.

MR. MEW. Q. Did you see the cart come up? A. No; the cart stood thereâI was passing byâthe prisoner and some other parties went away in the cart.

COURTtoJOSEPH MARTIN. Q. What day was it you went to his house? A. On the Monday, the 11th.

(The prisoner's statement before the Magistrate was read, as follows: "I am guilty of the crime; I am very sorry for it.")

THOMAS CARROLL (policeman, K 221.) I went to the prisoner's house, and found this, on Monday, the 11th, about 12 o'clock in the dayâthe prisoner was at workâMr. Martin was with meâhe gave charge of himâhere is a mark on the tarpaulin, "No. 2460," and "Eastern Counties Railway," in full.

COURTtoGEOREG HERITAGE. Q. How far from the railway station was this lying? A. 200 or 300 yards, close to some coke ovens that are built on the side of the lineâwhen I first saw the cart it was standing still, and when I came to the place the prisoner was standing by it, and another man, and three or four inside the cart.

NOT GUILTY .

KENT CASES.

Before Mr. Recorder.

1046. WILLIAM SMITH and RICHARD BOSTON , stealing 4 bushels of oats and 1 sack, value 14s.; the goods of Joseph Myatt and others, the masters of Smith.

MR. PAYNEconducted the Prosecution.

WILLIAM MYATT . I am in partnership with my father, Joseph Myatt, and my brother; we carry on business as market gardeners, at Manor-farm, Deptford. On Monday evening, 27th Sept., we had occasion to send some goods to market in a wagonâthe prisoner, Smith, had charge of it; he was our carman at that timeâI saw the wagon after it was loaded; it was then in the yard; it was loaded with baskets to go to marketâthose were the proper things to goâI had some suspicions, and had some policemen secreted on the farmâthe time for the wagon to start was about 12 o'clock at nightâI was in my bedroom at that timeâI looked out of my window and saw the horses brought out from towards the stableâI could not see the stable from where I wasâtwo men brought them out, who I believe to have been the two prisonersâit was Smith's duty to bring the horses outâI saw a sack on the back of one of the horses; it was a full sackâwhen the shaft horse was put into the wagon the sack was taken off the horse's back, and put on the shafts of the wagonâthe two men then drove it awayâI then made a communication to the policemen that were on the premisesâthe constables afterwards came to me in the course of the same morning, and between 2 and 3 o'clock on the Tuesday afternoon I went to the Green Man toll house in the Kent-road, and there saw a sack; it was full; it contained four bushels of oatsâI took a sample from home of my own oats, and looked at those in the sack, and they corresponded exactlyâI believe they were some of our oatsâthere was no mark on the sack; we have scores like itâI had not given any authority to the prisoners to take any sack of oats from our premisesâthey usually take a bit of corn mixed with chaff for the horses; this was clear cornâthere was a sack put on the shaft containing mixed corn for the horsesâI

saw it on the Monday night before the wagon started; it was placed by the side of the wagonâthat had nothing to do with the full sack that was put on the shafts.

Cross-examined byMR. METCALFE. Q. When did you see the bait? A. On Monday night about 10 o'clock; the wagon started about 12âthe bait was in a sackâthis corn was bought of Mr. Shew, a corn chandlerâhe supplies a great many personsâI believe I bought twenty quartersâI might, no doubt, hare, bought a great many more if I had liked.

SAMUEL LANE . I live in Francis-street, Deptford. I was in the prosecutor's employment on Monday, 27th Sept.âI know Bostonâhe came to me on that day, and was helping me load my wagonâI was not very well, and I asked him if he would go and fetch the horses back from market, and let me stop at home, as we had to go to plough next dayâhe said he wouldâI left him, and went home about 7 o'clockâif I had been well it would hare been my duty to have gone with SmithâBoston went in my stead.

COURT. Q. Was Boston in the habit of going with the wagons? A. Yes; Master Joseph used often to employ him in the market; he was not in the habit of regularly going up with the wagonsâhe has occasionally driven the wagons home from marketâhe was not employed to go with them to market; I only employed him then as I was not wellâit was about 5 o'clock in the evening when I asked him to take my duty for me.

GEORGE CHAPMAN (policeman, R 208). On Monday night, 27th Sept, I was at Mr. Myatt's farm with Turner, another constableâI was concealed among some frames watching some onionsâI remember the wagon going away from the yard that night; I think it was as near 12 o'clock as possible when it started; I saw it goingâI was not near enough to see who the parties were that went with itâI followed it, and saw two persons with it; Smith was one, and I believe Boston to be the otherâI had some communication with Mr. Myatt after the wagon had left the yard, in consequence of which I and my brother constable followed the wagonâI saw it in the Kent-road, stopping at the Crown and AnchorâI observed a sack on the shaftsâI passed it, and touched itâit was fullâthe wagon afterwards went onâI followed it, and saw the sack several times between the Crown and Anchor and the Green Man toll gateâwhen I got just by the toll gate a policeman hallooed out that there was a full sack of corn on the groundâI immediately ran to the wagon and saw that the sack which I had seen there about two minutes before, was goneâthe policeman that hallooed out was not Turner, but a policeman on duty on that beatâTurner and I were in plain clothesâthere was another sack on the shafts about half fall, but the full one was goneâthat was standing upright, this one was lying along the shaftsâI had not seen the other sack there before; it was not there before, not on the shaftsâthe policeman on duty went up to Smith and asked him if he had lost a sack of cornâhe said no, he had not; he had noneâI then went back to Turner, and took the sack into the toll gateâthe policeman on the beat had picked it upâI then followed the wagon on to townâI looked into the full sack, and found it contained oatsâit was not mixed com, but all oats.

Cross-examined. Q. Was there another wagon near this? A. There was a market cart; I cannot say whether the cart or the wagon was nearest the sack when it was found on the ground; I think the wagon was the nearestâthere was another van; that was behindâI think the wagon was in the middle of the twoâI do not think there was any other conveyanceâI cannot say whether the policeman who found the sack went first to the van and inquired of themâI did not see that if it was doneâI did not do soâI ran to the wagon as soon as the sack was found.

EDWARD FISHER (policeman, A 465). I was on duty in the Old Kent-road, about 1 o'clock on the morning of 28th Sept.âI saw a van horse, about 100 yards on the Kent side of the Green Man toll gate, shy at something lying by the side of the roadâI went up to see what it was, and found it was a sack full of something; it was lying at the near side of the road as you go towards the Green Manâit was in the gutter I should call it, but there is no kerb thereâit was in such a position as it might be if it had fallen off a cart or wagon; for just about there the middle of the road was being mended with stones, and the carts drew off to the side of the road to avoid themâI saw a market cart and a market wagon in advanceâthe wagon went on through the toll gateâI saw that the wagon had drawn to the near side of the road to avoid the stonesâI went after the wagon and saw SmithâI asked him whether he had dropped a sack of cornâhe said noâto the best of my belief Boston was with himâthe constables in plain clothes said something to me, and the sack was taken into the toll houseâthe cart was behind the wagon when I overtook itâthe man who was with Smith was with him at the time I asked the question, he must have heard what I saidâhe was on the hind part of the wagon, and I was at the near sideâhe was sitting on a projection behind the wagonâhe was not more than six yards from me, and I spoke load enough to be heard thirty yards offâhe did not speakâI saw his features, and to the best of my belief it was Bostonâhe was npt asleepâhe looked at me, and I looked at himâit was not very light.

JOSIAH TURNER . (policeman). I was with Chapman in plain clothes on the night of 27th Sept.âI saw the wagon come out of Mr. Myatt's, and two men with itâI afterwards went to Mr. Myatt, and in consequence of what he told us we followed the wagonâI passed it at the Crown and Anchor, and saw the sack lying on the shaftsâChapman touched itâwe passed on, and waited till the wagon went on, and then followed it again to the Halfway Houseâthey stopped there, and gave the horses some waterâI saw the sack there thenâboth the prisoners were down when they watered the horsesâwe then followed the wagon till it came nearly to the Green Man gateâI heard Fisher the policeman say there was a sack of cornâI went back to him, and said, "Take care of that; I know something about it"âI then went back to the CrownâI did not go to the wagon after thatâit went on, and I did not see it again till we got nearly into the market, and then the sack was not thereâI took Smith into custody, and told him he was charged with stealing a sack of oats on Monday night, and dropping it on the road by the Green Man gateâhe said he did not know anything about any corn; all that be brought out of the stable was his bait and some old clothesâI took him to the stationâI afterwards took Boston into custody, on the 29thâI found him at the Nag's Head, Hart-street, near Covent gardenâthe witness Lane was with me, and he said to him, "You must go with me to Deptford"âhe replied, "I do not know anything about it"âI asked him to come out of the public house, and then said, "You are charged with being in company with Smith, on Monday night, and stealing a sack of corn from Mr. Myatt's, and dropping it in the Kent-road, by the Green Man gate"âhe said, "I do not know anything about any corn; all that we brought away was the bait and some old clothes to cover us up."

COURT. Q. Did you see the wagon go from Mr. Myatt's? A. Yes; I did not see the horses put toâI could not see that from where I was placed.

WILLIAM MYATT re-examined. I saw the horses brought out and put toâthere were three horsesâI do not think they were led outâthe one that had the sack on its back was put in the shed, while the others were put in the

wagonâI cannot say who put it in the shedâthe two men were with themâit was Smith's duty to bring them outâI cannot say whether he did bring them outâI cannot say who moved the sack from the horse's back to the shaftsâthe horse stood in the shed which was opposite to my windowâI think the sack was taken off by one manâI cannot tell which.

THOMAS LAVELL . I was toll collector at the Green Man gate on Tuesday morning, 28th Sept.âI remember a sack of corn being brought into the toll house by the constable Turnerâabout 7 or 8 o'clock that same morning Turner came and untied the sack, and took out a sampleâit contained oatsâthe witness Bill by relieved me at 9âI left the sack in his possession.

WILLIAM BILLBY . I relieved Lavell as toll collector at the Green Man gate at 9 o'clock on Tuesday morning, 28th Sept.âa sack of oats was left in my chargeâit was fetched away by Mr. Myatt's man, I believe, and two policemen in coloured clothesâI cannot positively say whether Turner was one of themâI was minding my business outsideâthe boy that was there gave the sack up thenâit was the same sack that had been left in my charge by Lavell.

JOSIAH TURNER re-examined. I took the same sack away that I had taken the handful of corn out of.

COURT. Q. Did anybody examine the sack that was half full? A. No; that sack was with the wagon when it came into the marketâI did not look to see what was in it.

COURTtoGEORGE CHAPMAN. Q. You say you saw this full sack several times? A. Yes; I saw it two minutes before it was foundâit was then lying on the shaftsâI did not see the other sack.

1048. GEORGE WALTERS , unlawfully having counterfeit coin in his possession.

MESSRS. BODKINandSCRIVENconducted the Prosecution.

SARAH CLINKER . I keep a general shop in Griffin-street, Deptford. On 8th Oct., between 8 and 9 o'clock, the prisoner came and asked for a half-quartern loafâhe gave me a shillingâI thought it was good, gave him the change, and he went awayâI put the shilling on a shelf by the window, apart from other money, and after the prisoner had gone I found it was badâI am quite sure it was badâI kept it a little time, and then burnt itâon 16th Oct. a woman came to the shop, called for something, and paid me with a bad shillingâI looked at it before giving her the change, and returned it to herâshe went awayâI watched her, and saw her join the prisoner at the bottom of the streetâI followed them, and told the prisoner he had not been quite so fortunate as he had the week beforeâhe said he did not know me or the shopâI am quite positive he is the same man.

WILLIAM FORD (policeman, P 225). I took the prisoner in custody on this evening, and I found on him these two half crowns, wrapped up in paperâwhile searching him at the station his waistcoat was taken off and put on the table, and after he put his waistcoat on again, I saw this shilling (produced) found where it had laid.

GEORGE WILSON . I was at the station when the prisoner was brought

there he was searched by Ford, and two half crowns found on himâI saw his clothes put on the tableâhe afterwards put on his waistcoat, and I found a shilling on the tableâthere was no shilling there beforeâI gave it to Ford.

Prisoner. Q. How long did you find it after I put my things on? A. Immediately; when your jacket and waistcoat were taken up, nothing remained on the table but your handkerchief.

WILLIAM WEBSTER . This shilling is bad, and the half crowns also, and are from the same mould.

GUILTY .* Aged 22.â Confined Eighteen Months.

Before Mr. Recorder.

1049. THOMAS WARNER , stealing 3 flannel shirts, and other articles, value 1l. 19s.; the property of George Goddard: and 3 shirts, and other articles, value 2l. 11s.; the property of William Fudge, in a vessel on the Thames: to which he pleaded

GUILTY . Aged 25.â Confined Six Months.

1050. MARY DENNY , stealing 1 watch, and other articles, value 1l. 5s.; the property of James Bedwell: to which she pleaded

GUILTY . Aged 13.â Judgment Respited.

1051. MARY ANN MARGARET GOLDING , stealing two boots, value 8s.; the property of Henry John Heath: having been before convicted: to which she pleaded

GUILTY . Aged 29.â Transported for Seven Years.

SURREY CASES.

Before Mr. Recorder.

1052. RICHARD PERRY , feloniously killing and slaying Jane Perry.

MR. CLARKSONconducted the Prosecution.

GEORGE MITCHELL . I am a tailor, of 22, Broad-street, Lambeth. The prisoner lodged in the same house on 18th Sept.âon Saturday night, 18th Sept., between 8 and 9 o'clock, the prisoner went out, and his wife followed him out directlyâsoon after that he returned, went upstairs, and I heard him say, "The door is locked"âI believe he had some coals with him; I heard him putting them down on the landingâas he was returning downstairs the street door opened; I heard his wife's voice saying, "Dick, is that you?"âhe said, "Yes"âshe went upstairsâthe staircase was darkâwhile she was unlocking the door, he said, "Why did not you leave the door unlocked?"âshe said, in a joking or laughing manner, "What a pity!"âshortly after that they went out togetherâthey were gone about three quarters of an hour, or an hour, which brought it to between 9 and 10âthey then came in, went upstairs, and began quarrelling in their own roomâI heard the woman call the man a bây thief, and he said, "You are a bây whâ"âafter that I heard the woman come down, and go out aloneâshe was out till a few minutes after 12âshe went up to her room on her returnâin my opinion she was greatly intoxicatedâI then heard bad words in their room, which is directly over mine, and then heard a very heavy fall in their roomâit is my firm opinion that the prisoner was soberâI heard no screaming after the fall, but heard the man putting on his shoes a few minutes afterwards, and after that he came downstairsâI should say it was dark on the stairsâwhen he was at the bottom of the stairs, or nearly so, he said, "Halloo, who is this?"âno

one answered himâ(my room is not on the ground floor; he was on the landing, by my room)âhe said again, "Who is here?" or, "Who the devil is here?" or words to that effectâhe went upstairs again, struck a light, came down again, and said, "Oh, it is you, is it?"âI was in bedâI had not heard anybody come downstairs but himself from the time the woman went upâthe words "It is you" were not addressed to me, but to somebody on the stairsâhe then called out to me, "Mitchell, are you awake?"âI did not answer him the first time, and he called out again, "Mitchell, are you awake?"âI said, "Yes; what is the matter?"âhe said, "My old woman don't appear to have any strength in her limbs"âI said, "Nonsense," or something to that effectâI got out of bed, put my trowsers on, opened my door, and saw the prisoner supporting his wife, with her head over his right arm, and her feet towards my doorâI said, "Let us get her upstairs"âI took the candle, and the woman's legs; he took the other part of the bodyâthere is a turn in the staircase, about five or six stairs up; and while he was turning round with the upper portion of the body, I caught a sight of the face, and said, "Good God Almighty, the woman has got no breath in her body!"âI went down stairs, got a drop of cold water, and poured it into her mouth, but it would not go down her throatâfrom the time I heard the fall down to the time I came out to assist, if she had come down stairs herself, or had fallen downstairs, I should have heard itâI had not been asleep at allâif she had been carried downstairs when he came down, I could not distinguish it from his coming downâI afterwards found she was deadâshe was the woman I call his wife.

Prisoner. I knocked at the man's door, and asked him to lend me a hand upstairs with my wife; I did not know she was there till I came down.

COURT. Q. You say you were not asleep? A. No; I went to bed about 11; I had been in bed nearly an hourâI did not answer the first time he spoke to me, because they have been in the habit of quarrelling, and I did not like to interfereâit is a small houseâthere are only three rooms on each floorâthere is a landing on each floorâthe landing opposite the prisoner's door is over the staircase, not over my bedroomâI should say a noise on the landing would not appear to sound over my roomâI can decidedly say that the fall was in the roomâI can say that, by having heard falls when they have been in liquor before, and from the sound of that I draw my calculations that the fall must have been in the roomâI did not hear anything like a stumble when he said, "Halloo, what is here?" only a sort of a stop, like a man kicking against somethingâI am marriedâmy wife was with me in bedâI believe we both agree as to where the noise of the fall was.

JURY. Q. Was the man in the habit of going out between 11 and 12 o'clock at night? A. He had been in the habit of going out very early in the morning to work; I cannot say that he has been in the habit of going out at 12 or 1 o'clock in the night, but I have heard him come downstairs in the night and in to the morning.

COURT. Q. It was very shortly after the fall that he came downstairs? A. Yes; it was after the fall that I heard him put his shoes onâI did not hear him get out of bedâthey have no bedstead; the bed is on the floorâI am sure I heard the quarrelling immediately before I heard the fall.

MARGARET MITCHELL . I am the wife of the last witness. I knew Mrs. PerryâI saw her go up stairs on Saturday night, 18th September, at a few minutes past 12 o'clock, very much intoxicatedâI was following her up the stairs, up to my own doorâI heard her go into her own roomâI am positive she went in; and then I heard quarrelling and very bad language

from both of them, but I did not take notice of it, because I am so used to itâI closed my door just as he called her a bây wâeâI am positive she was not in bed, but I think he was by the voiceâshe said, "What did you call me?"â"A bây wâe," said he, "and worse than a wâe for if I had picked up with a wâe in the street, she could only have taken my money, and left me in the street"âthe retally was, "You are a bây thief," she repeated that three times, and with that I heard her make a dart, as I supposed, from the fireplace towards the doorâshe used generally to sit by the fireplace; and with the words "bây thief," came the heavy fall over our bedroom doorâI have known her during the three years which they have lived thereâI supposed it was Mr. Perry that fell, because I have heard him fall repeatedly when he was in liquor, and he falls very heavilyâthe fall sounded to me exactly over the door, in the roomâI have not said, to my knowledge, that I thought the deceased was on the landing.

Q. "I heard a fall, and thought it was the prisoner; and I thought the deceased was on the landing," that is what you told the Magistrate? A. Never, to my knowledgeâthere was only one fall, and that was in the roomâafter the fall, I heard the woman say, "Oh, Dick, I can't," or, "shan't nurse you;" and from that minute there was a deadly shocking silenceâI could not tell who it was that fell, but I thought, by the heaviness of the fall, that it was the man that fell, until I saw the body in the morning, and saw the bruised state of the bodyâafter the fall I heard the prisoner put on his shoes, and come downstairsâwhen he got towards our door, he appeared to be fumbling or kicking against something, and said, "Who are you?"âI then heard him go upstairs, and heard him strike a match over the fireplaceâhe brought a light down with him, and complained to her about his being out all the week, and she spending his moneyâhe appeared to be picking her up, and called to my husband, and said, "Mitchell!" but Mitchell did not answer himâhe called again, "Mitchell, are you awake?" Mitchell said, "What is the matter, Dick?"âhe said, "Will you get up, for I think my old woman has not got any use in her limbs"âI did not see her, for I was blindfolded; I had a poultice over my eyes; and I went upstairs naked as I wasâwhen the deceased was tipsy, and had dropped off to sleep, she would tumble down, chair and all; we have often heard her tumble down, but not latterly, as she has been very hard at work latelyâI cannot say how long it was between the time of the fall and my husband being called up, because the whole occurrence took place in a short time.

COURT. Q. Was your deposition read over to you before the Magistrate? A. Yes, I believe it was; I put my mark to itâ(The deposition being read stated: "At that moment I thought the deceased was on the landing")âI do not recollect that I said that; I have no idea of itâwhether she was on the landing or not, I am positive the fall was in the room; and I am positive she never came downstairsâI cannot say whose the words, "I cannot," or, "I shall not be your nurse," were, because it was in a stifled voice, a kind of half voiceâthey were the last words before the man came downstairs, but who it was came downstairs, I cannot say.

GEORGE MILLER (policeman L 136). I found the woman dead, and fetched doctor for her.

WILLIAM ATTLEE (policeman L 4). I went to the house, and found the deceased lying on the bedâshe had a bruise over the left eye, a kind of cut, and a graze down her noseâMr. Thompson, the surgeon, was thereâthe prisoner was not there at that time, be came in afterwards, and I asked him if he had had any words with his wifeâhe said he hadâMrs. Mitchell stood

on the landing, and said, "Tell the truth; if you do not, I shall"âhe then said he was getting out of bed, his leg caught against something, and he fell, and because he would not have any more words with his wife, he was going out to work at his garden; and as he went down, he found his wife lying on the landingâon the way to the station, he said it was hard to work all the week, and his wife spend the money.

COURT. Q. Are you quite sure he said he went out to work because he would not have any more words with his wife? A. Yes; I mentioned that at the CourtâI am quite sure of that, but it was not taken downâI did not point out that the deposition was incorrect.

SARAH DEACON . I am the wife of James Deacon, of 22, Broad-street, Lambeth; I lived in the same house with the prisoner and his wifeâmy room it on the ground floorâMitchell's is over mine, and the prisoner's over Mitchell's. On this Saturday night, between 10 and 11 o'clock, I saw the deceased, and spoke to herâshe had been drinking, but did not appear very drunkâshe had got her basket, and was passing up to her own room as I stood at the street doorâI did not see her again alive after thatâI went to bed about 12 o'clock, and about half an hour after I heard a very heavy fallâI could not say where that fall wasâI should think it was in the room, but I should not like to be positiveâI think by the sound that it was in the roomâI saw nothing more till I saw the deceased in her room.

SARAH ELIZABETH PHILLIPS . I live at Eagle and Child-court, Princes-street, Lambeth. At half past 9 o'clock on the 19th, I went and examined the body of the deceasedâI washed her, and laid her outâI found a graze over the left eye, about an inch and a half longâone on the left side of the nose and one on the left jawâthere was a bruise under the right ear, and one at the collar bone, which seemed to join the one under the earâthere was also a bruise on her left shin and one on the instep, one between the shoulders, and one on the right side at the back.

WILLIAM MERTHWAITE THOMPSON . I am a surgeon. I was sent for to see the deceased on 19th Sept. between 1 and 2 o'clock in the morningâI went immediatelyâI saw the body lying on a bed on the floorâAttlee, the constable, was in the roomâshe was quite dead, and warmâI found the left side of her face considerably bruised; there were also two lacerated wounds, one on the left side of the nose, and one on the left side of the lower jaw, a bruise on the shin, and one on the elbowâon making a post-mortem examination, I discovered marks of extravasation of blood produced by some rupture of a vessel, or vessels, and that concussion of the brain had resulted from some violence, either a blow or a fallâthe extravasation was over the left eyebrow, corresponding with the external bruiseâI saw marks about the body which were the result of a blow, or fall, I could not say whichâconcussion of the brain was the cause of deathâthat would equally have followed if she had fallen downstairs herself, or if she had received a blow by which the fall was occasionedâI am quite unable to distinguish which it was.

COURT. Q. I suppose there was nothing tat you observed that might not have been the result of a drunken woman falling downstairs? A. Nothing; from my examination of the body, the state of the liver, and so on, I should say that she was a confirmed drunkard, an habitual drinkerâI think it highly probable that she might have fallen in a state of intoxicationâthere were two lacerated wounds, but the bruise that produced the concussion was not a lacerated woundâthe lacerated wounds were of a trivial character; they were all quite recentâthere was one bruise on the arm that appeared of some standing.

The prisoner's statement before the Magistrate was read, as follows: "I have nothing to say, only that I found her on the landingâit seemed to me as if she had been sitting on the bottom stair, and had pitched forwardâwhen I came down I stepped against something-I asked what it was, and got no answerâI got a light, and to my misfortune found it was my wifeâtried to lift her up, and found she had no use in her limbs, and then I knocked at Mr. Mitchell's door for assistance.

Prisoner's Defence. What I stated before is all I have to say.

NOT GUILTY .

Before Russell Gurney, Esq.

1053. STEPHEN WINTER, MARY ANN JONES , and MARY REARDON , were indicted for a robbery on James William Mead, and stealing from his person, I watch, value 30s.; and part of a guard-chain, 3s.; his property.

JAMES WILLIAM MEAD . I am a labourer, of Peter-street, Southwark. Last Saturday night but one, I was drinking at the Grapes public house, in the Mint, with the prisoner JonesâI went there between 9 and 10 o'clock, and remained till the house was shutting upâJones was there in company the whole time with WinterâI did not see Reardon thereâI left the house and went as far as Gravel-laneâI went to a private house with Winter and the other prisonerâthere was drinking going onâthe prisoner asked me if I would have a glass of anything to drinkâI said I did not mind; I took a glass of what I thought was ginâwhen I had taken it some time, I found myself getting stupifiedâI thought I had better leave and go homeâI went out of the house towards home, Winter and Jones followed me out and joined my companyâReardon was in the house, but I do not know whether she came out or notâI did not see her again till she was takenâI looked at my watch ten minutes or a quarter of an hour after I came out, it was then a quarter past 1âI went towards home, and was talking to Winter and Jones;. I missed Winter, and in a minute, or a minute and a half, I received a blow on the side of the head which fetched me to the groundâI saw nobody but the prisoners, but did not see who gave me the blowâI felt a tug at my watch guard; I got up but fell againâI got up again and ran to a policemanâI did not see any one run away; I thought I heard them, but the stuff they gave me and the blow stunned meâthis is my watch (produced).

Winter. Q. Did not I take and leave you at home with your wife and child three or four minutes before you were robbed? A. No; you did not leave me above a minute and a half before I was knocked down.

Reardon. Q. Did I drink with you? A. No.

GEORGE NORRISS . On this Sunday morning, about 2 o'clock, I was near Gravel-lane speaking to a constable, and heard a bit of a scuffleâI saw Winter and Jones there, Reardon passed by and went down a courtâI saw nobody else except a lame old gentleman with a stickâI followed Reardon down the court, and brought her backâafter I had brought her over 100 yards, in crossing the road I heard a watch dropâthis is it.

Winter. Q. Did not you come after me, tap me on the shoulder, and say, "I want you?" A. Yes: the prosecutor had got Jones, and he told me to stop you and take you to him, and I did soâyou came back with me to see what it was for.

Reardon. Q. Was not I outside my father's door? A. I found you outside in the street, but the quarrel was on the opposite side of the way.

CHARLES JACKSON LEWIS (policeman). I was on duty on this morning,

and heard a scuffle and some people runningâI saw Winter and Jones coming towards meâI stopped directlyâI saw a female run across the road, and directly afterwards I saw the prosecutor.

Winter. Q. How far was I from the other prisoners when the man stopped me? A. Quite close together.

Reardon's Defence. I was having a quarrel; my father was half tipsy, and was going to strike me; I ran out and the policeman caught me, and said he wanted me; as we went along he kicked against a watch; he picked it up, and took me to the station.

WINTERâ GUILTY . Aged 24.

JONESâ GUILTY . Aged 19.

REARDONâ GUILTY . Aged 17.

Confined Six Months.

Before Lord Chief Baron Pollock.

1054. RICHARD GARTHWAITE was indicted for feloniously killing and slaying Mary Ann Walsh. He was also charged, upon the Coroner's Inquisition, with the like offence.

MESSRS. CLARKSONandGIFFARDconducted the Prosecution.

ANN WALSH . I am single, and live at 7, Thomas-street, Wyndham-road, Camberwell. About five weeks before I was before the Magistrate (I do not know the date), I was standing before the door of No. 1, Thomas-street, where Richard Dart, my brother-in-law, lives, when a dead animal came against my faceâI stooped down to pick up a bit of mortar to heave at James Carver, and instead of hitting him it hit the prisoner, who was standing against Mrs. Good right's window just below No. 1âhe came and hit me twice in the head, but I took no notice of thatâhis daughter came from Mrs. Frewin's, the chandler's shop, and called me names not fit for any gentlemen to hear in Court, and then went to the stall to get a mug of waterâmy mother heard me rowing, and came out to take my partâshe caught hold of the prisoner's hand to save me from being knocked about, and he took and knocked her downâhe hit her under the left breast twiceâI did not take much notice what sort of blows they wereâshe fainted away, and Mary Ann Dartled her indoorsâI went in doors with her; she was lying on the bed, and had fainted awayâshe complained of the prisoner hitting her in her left sideâshe was taken to the workhouse next day.

Cross-examined byMR. WOOLLETT. Q. Had you not often heard your mother complain of a pain in her side before that occasion? A. No, never; I never heard her complain of a fall on the bridgeâshe was accustomed to fitsâthis is not the first disturbance I have been inâthey will not let me aloneâI have got a good many enemiesâI cannot rest in my own place since my mother's deathâI was summoned for this very assault upon the prisonerâI was not fined for it; I had to pay a shillingâthe Magistrate did not ask Mr. Garthwaite whether he wished to press the matter any further against me; I will swear thatâI am in the habit of taking a drop sometimes, a good many drops when I can get the money, but it is very seldom I can get a meal's victuals to eatâI was not intoxicated when I went to see my mother at the workhouse; I swear thatâMary Frostick was not present at this disturbance, nor Emma Frewin, nor Caroline Crawley, nor Sarah HudsonâI went to the workhouse three or four times to see my motherâI was not asked by the medical man whether any blows had been struck.

MARY ANN DART . I live at 20, Regent-street, Camberwell. On 8th July I was in Thomas-court, Windmill-lane, Camberwell, and saw the prisoner standing by his doorâI saw the skin of a rabbit, or some animal, come

in Ann Walsh's faceâthe prisoner came over and struck Ann Walsh several times in the faceâshe begged his pardon, but he would not take it from herâI saw Ann Walsh's mother come outâshe came and took hold of Mr. Garthwaite's arm not to touch her daughter, and he turned round and hit her underneath the left breast and in the eyeâshe fell down, I took her indoors, and she was in a strong fitâshe continued in that state for about five minutes, and then went into another fitâI attended to her, and gave her vinegar and water.

Cross-examined. Q. Have you not often heard the deceased complain of pain in her side? A. No, never; she often complained of pains in her headâshe has had fits five or six times since I have known her before this occasionâI have not heard her say anything about a fallâI did not see Mary Frostick there; I cannot say whether she was there or notâI did not see Caroline Crawley thereâthere were a great many people there, a large crowdâI did not see the deceased try to strike the prisoner.

MARY ANN WALSH . I remember the day this row happened in Thomas-streetâI saw the prisoner there and my motherâI saw him strike my mother once in the right eye, and three or four times under the left breast.

Cross-examined. Q. You and your sister were fighting? A. Yes; my mother was not fightingâI saw her try to scratch the prisoner, and to pull them awayâI never heard my mother complain of something cutting her inside, or that she had a pain in her insideâshe has said she had flattering in her inside before the fits came onâshe was subject to fits when anything upset herâI went with her to the workhouse, also Selina King and Susan Pageâthe surgeon asked, in my presence, whether a blow had been struckâhe did not ask meâI cannot swear that I told him a blow had been struckâI was not intoxicated when I went with my mother to the workhouseâI am not in the habit of drinkingâI can take a glass of gin or a glass of ale, but I never make a beast of myselfâI can take a glass pretty frequently; I have no objection to it, I do not dislike it.

SUSAN PAGE . I remember this row taking place in Thomas's-streetâI saw old Mrs. Walsh there, and saw the prisoner strike her once violently on the eye, and twice under the left breast.

Cross-examined. Q. Are you a friend of the last witness? A. No friend at all, only neighboursâI go out charingâI was standing at my mother's door, and saw all the rowâI have seen a good many rows in the course of my time.

SELINA KING . I am single, and live at 17, Thomas-street. On 8th July I was standing at my door, and saw the skin of an animal strike Ann WalshâI did not see her do anythingâI next saw the prisoner go over and hit Ann Walsh several times on the headâthe prisoner's daughter was coming along from the shop with some tea things in her lap; she abused Ann Walsh and went in and brought out a mug of water, which she threw over Ann Walsh and two of the witnessesâthe prisoner pulled his daughter out by the arm to fight Ann Walsh, but she would notâhe pulled her out again, and they did fight; while they were fighting the prisoner got Ann Walsh down on the ground, and got over her; and the mother of Ann Walsh hearing her daughter fighting came out to take her indoorsâshe took hold of the prisoner by his arm; he turned round and struck her violently several times, once on the eye, and several times under the left breast; she fell to the ground, and was led in by two of the witnesses, and had two fainting fits; we laid her on the floor till she recovered.

Cross-examined. Q. Did you know the deceased? A. Yes; I never

heard her complain of a pain in her insideâI am friendly with the other witnessesâI went before the Magistrate and the CoronerâI go out ironingâI live close byâI have not seen many rows like thisâthere was a large crowd there; I was outside the crowdâI have known the prisoner seven or eight years; he is a quiet, peaceable man, and of a kindly disposition.

MR. CLARKSON. Q. Did you see a blow struck on the woman's breast? A. Yes, before the crowd came, and Mrs. Walsh fell to the ground directly the blow was struck.

THOMAS KNOX KELLY . I am a surgeon. On 9th July, I think it was I was called to attend the deceased; I found her sitting up in a chair in the room, complaining of great pain in her sideâI examined the place, and found it very much inflamed, and bruisedâmy impression was that she had received some direct injuryâI asked her if she had received a kick or a blow, but she did not replyâI saw her afterwards, dailyâshe was removed to the House by the relieving officer, and was under his care when she diedâI assisted Mr. King in making a post-mortem examination of her body on the day after her death, which was about five or six weeks after the injuryâwe found the lungs in a very unhealthy state, the right lung particularly was filled with purulent matter, the kidneys were diseased, the liver having that nutmeg appearance of persons addicted to drink, and also the kidneysâwe examined internally, where I saw the external injury, and found an internal abscess of the pectoral muscle of the chest; but the ribs and the periastium were quite healthyâsuch an abscess as that might be the effect of external violence.

COURT. Q. Tell us whether you can trace any connection between the blow and the death of the woman? A. In a person so very unhealthy as she was, a blow might excite an abscess of that kind, or it might not; in an unhealthy person it very probably wouldâthe abscess may have been excited by the blowâdeath was caused by the abscess, and not by the disorder of the viscera, certainly notâI cannot say whether the abscess arose from the blow, or from great derangement of health; but she had no abscess when I saw her on 9th Julyâit may have arisen from the blow; it was in the same place where I observed the blow.

Cross-examined. Q. You found her in a general state of disease? A. Yes; she was a very unhealthy womanâshe gave me the appearance of a person of drunken habitsâthe abscess might have occurred independent of any blow; that is, looking at her general constitutionâshe died from the effects of the abscess, from the exhaustionâthere was certainly no abscess when I saw herâthere was chronic disease of the kidneys, they were not inflamed, and chronic disease of the lungs, but nothing of an active characterâI cannot say the abscess was caused by the blowâwhile I was attending her she had no abscessâthere was nothing to cause the abscess, except the violence.

THOMAS KERWIN KING . I am a surgeon, in the parish of Camberwell, and have had considerable experience in my profession. The deceased came under my charge on 13th Julyâshe was suffering from a very extensive abscess on the left side, which was the result of acute inflammationâthere was at that time no external appearance of any injury or bruiseâI afterwards assisted at the post mortem examination of her bodyâthere were marks of chronic disease in various parts of her bodyâif she had received two blows on the left breast on 8th July, that would account for the abscess I found on 13thâthere was an external livid mark on 13th; there was a rednessâthe mark of a bruise would be very quickly absorbed; I think it might have been absorbed

in that timeâthe redness was not what I call inflammationâI attribute her death to the effect produced by the abscess, coupled with general weakness of constitution; the immediate cause was hectic fever, which arose from the abscess, and diarrhoea set in, and vomitingâI attribute the abscess to an injury of some kind inflicted, but an abscess may certainly come on spontaneouslyâthere was no connection between the disease of the liver and the abscessâit is not unusual for a person to have an abscess; it happens very frequentlyâshe would be no doubt less likely to recover from the abscess from being an unhealthy subject.

COURT. Q. Can you form a judgment whether the abscess was from the diseased state of her body, or from a blow? A. I cannot say more than this, that if I had not heard what I have heard to-day respecting the matter, I should be inclined to impute it to the general deranged state of healthâit has occurred frequently for a person in that disordered state to have an abscessâif I had found her with the abscess, and had heard nothing about a blow, I should not have been at all surprised.

MR. CLARKSON. Q. Having heard of two blows on the person of an unhealthy subject, in your judgment, would it be more likely to be the result on an unhealthy subject than on a healthy one? A. Yes; I have not the least doubt whatever of it.

Cross-examined. Q. Did you attend the deceased up to the time of her death? A. Yes; she died on 27th Aug., about six weeks after the alleged injuryâin my judgment, this abscess might have taken place in that diseased body, independent of any blow.

MR. CLARKSON. Q. An abscess might have been formed on a healthy subject, for which you could not account? A. Yes; but if I heard that the person had been beaten, I should no doubt attribute the abscess to that cause.

MR. WOOLLETTcalled

JOHN SMITHERS . I am superintendent of the workhouse, at Camberwell; the deceased was brought there a few days after this occurrenceâshe continued very ill six or seven weeksâa day or two before she died I had a conversation with her; she was aware of her dangerâshe said, "I will tell the truth; I fell down on the Canal-bridge, and hurt my side with the iron kerb"âthere is an iron kerb on the Canal-bridge, eight or nine inches highâshe said the fall happened five or six weeks beforeâshe died next morningâit is my impression that she said it to exonerate the prisoner; I think that was what she intended to convey.

JURY. Q. Was the prisoner in custody at that time? A. Yes; and on the strength of what I told the Magistrate, he let hi out on bail immediately.

NOT GUILTY .

1055. JAMES CANNON , feloniously assaulting Michael Dwyer, and causing him a bodily injury dangerous to life, with intent to murder him.

MESSRS. BODKINandCLERKconducted the Prosecution.

MICHAEL DWYER (policeman, P 135). On 13th September last I was on duty at Camberwell stationâabout 7 o'clock in the evening, I was sent for to the house of Mr. Stevens, a victualler, who keeps the Bricklayers' Arms, Camberwellâwhen I got there, I saw the prisoner outside the houseâthere were about one hundred and fifty people collected about the houseâmy attention was drawn to a cut on the back part of the prisoner's head, and the clothes he had on seemed to be bathed in his bloodâI spoke to him, and asked him to accompany me to a doctor, to have his wound dressedâhe consented, and walked along with me about a dozen yardsâwhen he had got

that distance, he stooped down and caught hold of me my the small of my legs, and threw me on my backâhe then jumped on my chest and bowels three different timesâhe then threw himself down on my body, put his hand in between my neck and my stock, and would have choked me if it had not been for the clasp of my stock giving wayâhe then said, "You bâbâ, I shall do for you now"âI struggled with him, and got on the top of himâI caught hold of his hands, and he made an effort to bite meâhe tried to bite me more than onceâI was not able to keep hold of himâI was obliged to let his hands go in consequence, and let him get up; and I got up on my legsâthe prisoner was then about four yards from meâhe had his hands clenched, and I thought he was coming towards me to strike me in the face or body with his handsâI prepared to defend myself from his blows, when he ran at me with his headâhis head was lowered quite low, and he ran his head right in against my privatesâhe then caught hold of my legs, and pitched me on my backâI fell to the ground, three yards or more from himâwhen he got hold of me, he rose me right up, and I fell on my back three yards from the place where he stoodâwhile I was upon my back he came towards me, and kicked me in the privates, and in the body; he said, at the same time, "You bâbâ, I will do for you now"âI was lying on the ground for several moments before I was able to get up; the prisoner stood just over me while I was lying thereâI got on my legs again, and the prisoner knocked me down again with his head, in the same manner as before, but he did not pitch me right away from him as he did beforeâhe struck me again in the same part with his head; and while I was on the ground he kicked me on the right hipâI had a watch in my pocket, and the next kick he gave me (he meant to kick me in the privates, I have no doubt) broke the watch that was in my pocketâat the time he was kicking me he said, "You bâbâ, I shall give you another downer, and you will never rise"âI got on my legs again after some momentsâI then drew my truncheonâI heard some party in the crowd say, "Well done, Cannon, give it the bâ"âthe prisoner on that, strove to get my truncheon away from me several timesâI was able to defend myself with my truncheon until other assistance cameâanother constable, named Thorn, soon afterwards came up the prisoner knocked Thorn down directlyâThorn managed to get on the top of him, and I also got on the top of him, thinking to keep him down, and he kicked me off, and kicked me in the body, and on the right shinâseveral other constables soon after came up to my assistanceâit required six constables and three civilians to hold him, and convey him to the station houseâdirectly I got to the station house I was taken to Mr. Flower, the surgeon of the divisionâI was confined to my bed for three weeks; I am still under his care; I am suffering pain nowânone of the persons who were standing round the public house offered me the least assistanceâI asked several of them to do so, but none of them would.

Prisoner. Q. When you first came up to me, was I not standing outside the Bricklayers' Arm, and did not you say to me, "Go on?" A. No.

Prisoner. That was before there was any blood at all; I turned round to go away, and you put your hand into your pocket, took your truncheon out and knocked me down, and there was then about four feet of blood went out of the back of my neck; you then went away, and came back to me about 10 minutes or a quarter of an hour afterwards, and said, "Will you come to the doctor's with me?" and I said, "certainly." Witness. I never struck him; I was not the cause of the wound he had on his head; I know nothing at all about it.

Prisoner. I never said I would do for him; I do not deny kicking him, and I certainly did throw him, I daresay three yards away from me once, but I never did no more to him, nor did I use any threatening words.

MR. BODKIN. Q. He has asked you about striking him before this; were you at the station house off duty, on what is called reserve? A. Yes; all the afternoon, till the acting inspector sent me with a man that came from the public houseâI had been at the station house on reserve duty from 2 o'clock that afternoonâI had not been near the Bricklayers' Arms that day, before this.

COURT. Q. I want to know whether the effect of your answer is this, not only that you did not give him that wound, or interfere before, but that you were not on duty, so that you could not have done it; is that what I am to understand? A. Yes; I was not near the place at all.

JURY. Q. What time did this happen? A. At 7 o'clock in the evening; I had never left the station till I was sent for.

Prisoner. If you will call on the other policeman, you will find he will deny what the Counsel says about his being at the station house at 7 o'clock; in the depositions, where I was tried before, it states that he came after the row had been up for half an hour or three quarters of an hour. Witness. It was about 7 when I got to the Bricklayers' Arms, as near as I can possibly say.

CHARLES STEVENS . I keep the Bricklayers Arms, at Camberwell. On the evening in question, in consequence of a disturbance at my house, I had occasion to send to the police station for assistanceâit was in the dusk of the eveningâI cannot exactly say what time it was; it may have been a quarter or 20 minutes-past 6 o'clockâthere was a very great crowd outside my houseâwhen I first saw the prisoner he was standing by my doorâI went and wished him to move on, and no sooner did I say that than he struck at me, but did not strike meâI was then very unwell, and under medical treatment, and I went indoors and sent for the policeâI noticed that the prisoner had a wound on his head at that time, from which blood had been flowing.

JOHN COLLINS . I am a painter, living in Stafford-place, Camberwell. On the evening of 13th Sept. I was near the Bricklayers' Arms, CamberwellâI saw the prisoner thereâI did not see Dwyer come upâI was there before he came up, and saw the prisoner in a very turbulent way; no one dare pass on the pathâhe was drunkâI saw a wound on his head, and blood about his personâI did not hear Dwyer say anything to the prisoner when he first came upâhe wished him to allow him to take him to the doctorâthe prisoner went with him about two or three yards, so that I thought he would have goneâhe then turned round in a fighting attitude, and then stooping suddenly down; he caught Dwyer by the legs, and threw him, I may say, a couple of yards, or probably more, right on his back, and then immediately fell on him with his kneesâI did not see him fall with his knees more than once, but I saw him at the same time up with his foot and kick Dwyer in his private partsâthe crowd closed in round Dwyer and the prisoner, and many of them called out and taxed Dwyer with having struck the prisoner with his staffâI had enough to do to persuade the mob that he had never lifted his staff at all.

Prisoner. Q. When you first came up, do you think you were sober enough to hear and see what was done, when the boys were taking your cap off and making game of you, because you were drunk, and said it was you that ought to be locked up, and not me? A. For twenty years, it is well known among the inhabitants of Camberwell that I never have known what

excitement from drink is; I am no teetotaller, but I was never drunkâI was not drunk on this occasionâI solemnly swear I had not taken a drop of beer or anything that day.

Prisoner. He was quite drunk; he comes here to-day, because he is getting me out of 8s. a week.

JOSEPH THORN (policeman, P 136). I came up during the struggle between the prisoner and Dwyer, Dwyer looked very pale and illâI took hold of Cannon's arm, and asked him to go away to a doctor, he struck me back with his armâI then had a struggle with himâI did not see him inflict any injury on Dwyerâsome other policemen came, and he was taken away; it took a good many of us to do soâI did not notice Collins there, I saw him afterwards at the station, he appeared perfectly soberâI knew Dwyer intimately, he was in perfect health at this period.

JOSEPH PEEKE . I am a shoemaker, of Camberwell.

Prisoner. Q. You saw the first of this; did you see me kick the police-man? A. No; nor did I see the first of itâI did not see you fall downâI was there when Dwyer came; I saw you throw him off you as he was holding you to keep you downâyou asked him to get off you, and told him if he did not get off you would throw him off, but he said he would not allow you to get up againâI saw you jump up directly and run first on one side of the road, and then on the other; you then ran at himâI do not know whether it was your head or your shoulder catched him by the privates; you threw him about three yards, and he fell on his backâI followed you right to the station house and went insideâI only saw you push Dwyer and Thorn against the fence to make wayâI heard some one in the mob call out, "Kill the bâ, give it him!"âI do not know who it was said thatâwhen Dwyer came up first you were bleeding very muchâI did not hear him ask you to go to the doctor's; he said, "My good man you must go from here, you are kicking up a great disturbance"âI did not see you fall down and receive your wound.

JOHN SWAN FLOWER . I am surgeon to the Camberwell division of police. On 13th Sept. I was sent for to the Camberwell station house to attend the prisoner, who had a wound on his headâabout half an hour afterwards Dwyer was brought to my surgery by sergeant Hay, in a very faint exhausted conditionâhe complained of great difficulty of breathing, and great pain in the abdomen, and about the private partsâI examined him and found the right testicle very much enlarged, an extensive bruise on the inner side of the right thigh, and excessive tenderness on touching the abdomen; a large bruise on the outside of the right hip, and a smaller one on the right shin boneâhe passed blood upwards, both my vomiting and spitting, and continues to do so up to the present time, more or less, which indicates serious injury internallyâhe has an irritable state of bladder, tenesmus; and is as if he wanted continually to go to motion, and when he goes nothing comes of it; this gives rise to great constitutional disturbance, and his life during the first ten days was in imminent dangerâhe is still under my care, and I do not think he will be fit for service againâI knew him beforeâhis age is twenty-six or twenty-seven, and he was as fine healthy a young man as you would see in a day's march.

Prisoner's Defence. I did not know I was coming here; I was sent from Horsemonger-lane on the same case, and they passed a sentence of two years, and then they fetched me away, and try to try me here.

GUILTY . Aged 31.â Death recorded

Before Mr. Common Sergeant.

1056. CAROLINE STACEY , unlawfully uttering counterfeit coin.

MESSRS. CLERKandPOLANDconducted the Prosecution.

LEVINIA METHERELL . My husband is a hosier, at Lambeth. On 22nd Sept. the prisoner came to the shop for a pair of socksâthey came to 6d.; she offered a shilling in paymentâI had no change in the till, and gave the shilling to a boy named Campbell, to get changeâa short time after the boy's father brought the shilling back; it was a bad one; but in the mean time I bad given the prisoner change, and she went awayâI put the shilling into a drawer by itself, and afterwards gave it to Pearceâon 2nd Oct. the prisoner came again, and asked for a pair of common white stockings, which came to 10 1/2 d.âI was not in the shop at the time; my husband called me into the shop, and I knew the prisoner in a momentâI served her, and she gave me this bad shilling in paymentâI told her she had been there on the Wednesday week before; she said I was mistaken in the person, it was not herâshe offered me a good shilling, which I refused, and gave her into custodyâI broke the second shilling in pieces, and gave them to the same constable.

HENRY ALEXANDER CAMPBELL . On 22nd Sept. I was outside Mrs. Metherell's shop; she gave me a shilling, and told me to get two sixpences for it; I took it to my father's shop, which is next door but one, and put it on his desk in the counting house, near the letter-box, and left it thereâthere was no one in the shop but my father.

CHARLES CAMPBELL . I live at Mount-row, Lambeth. The last witness is my sonâon 22nd Sept. he came to me with a shillingâI was speaking to somebody at the door, and when I went in I found a shilling on the desk, near the letter-box; it was bad, and I took it back to Mrs. Metherellâthere was no other shilling on the desk.

WILLIAM PEARCE (policeman, L 6). I received these two shillings (produced) from Mrs. MetherellâI took the prisoner into custodyâat the station she begged of Mrs. Metherell to forgive her, on account of her family.

WILLIAM WEBSTER . These shillings are both counterfeit.

(The prisoner, in a written defence, stated that she was not aware that the second shilling was bad, and denied being the person who passed the first)

GUILTY. Aged 29.âRecommended to mercy by the Jury. â Confined Three Months.

FRANCIS BAUGH (policeman, V 345). On 14th Oct., about 2 o'clock in the afternoon, I saw the three prisoners on Putney-bridgeâJackson and Haysman left Barratt, and went up the town, in a direction of Wandsworthâabout 3, I saw Barratt coming up the town in a direction from the Rose and Crownâhe went to the corner of Wandsworth-lane, where he met JacksonâMr. Freery came, and gave me informationâJackson went on, and I followed Barratt, and stopped him behind some boards at a shop that was being done upâI asked him if he had been to the Rose and Crown, pointing out the house; he said he had notâI said, "I don't believe you, you must go back with me"âI took him there, and Mr. Freery and Mrs. Styles identified him immediatelyâMr. Freery gave me this shilling (produced)âBarratt offered very great resistance, and was very obstroporous.

SARAH JANE STYLES . I am the wife of John Styles, who keeps the Rose and Crown, Putney. On 14th Oct., about 3 o'clock, Barratt came there, and I served him with a pint of beerâhe gave me a shillingâI took it up, told him it was bad, and gave it to my father, who marked itâBarratt left, and was afterwards brought back by the policeman.

JOHN FREERY . I am the last witness's father. On 14th Oct. Barratt came to the Rose and Crown, and Mrs. Styles gave me a shilling, saying it was badâhe was told it was bad, and left immediately, without having anything-I followed him, and pointed him out to Baugh, who brought him back, and I gave him in chargeâI marked the shilling, and gave it to Baugh.

EDWARD LOWTHER MORGAN . I keep the Rose and Crown, at Wandsworth. On 14th Oct. a person, Haysman to the best of my belief, came for a pint of beer, and gave a bad shilling in paymentâit was given to my wife, and she was cutting it in half when I came inâHaysman gave a sixpence, and I gave him back the shillingâhe asked me to let him take it back to the parties who had given it him, to convince them it was badâhe left the shop, and I pointed him out to MitchellâI am certain I pointed out the same person who had given the shilling.

HAYSMAN. Q. What time was it? A. Between 2 and 3 o'clock; you are the man, to the best of my belief; I cannot swear positively, but I swear I pointed out the same person who gave the shilling.

JAMES MITCHELL (policeman, V 326). On 14th Oct. I was on duty, in plain clothes, at Wandsworthâabout 3 o'clock, Mr. Morgan pointed out Haysman to meâI followed him, and saw him join Jackson, and they then went towards Putneyâabout half an hour afterwards I was near the station-house at WandsworthâJackson was pointed out to me, and Baugh asked me if that was the man I had been speaking ofâI said, "Yes," and another constable took him into custodyâBarratt was then in custodyâsoon after that I saw Haysman in the crowd outside the stationâI took him into custody, and told him I wanted him; that his partner was inside, and he was the man who had passed a bad shilling to Mr. MorganâI asked him where it was, and he pointed to a box, which I took from his pocket, and in which I found a good oneâI said, "This is not the one; it was cut in half"âhe made no replyâI heard something rattle in his mouth, and said, "You have got it in your mouth"âhe made a swallow, I looked, but could not find anythingâJackson denied all knowledge of Haysman.

Jackson. Q. How long after Haysman went into Mr. Morgan's did you see us together? A. About five minutes; you were going along the Upper Richmond-road, in the direction of Putneyâthat was about 3 o'clock.

Haysman. Q. Was it not tobacco I had in my mouth? A. No.

RICHARD EDWARDS (policeman, V 157). I assisted Baugh in taking Barratt into custody, at the corner of Wands worth-lane, PutneyâI took him to the station; and while the charge was being taken, Jackson was described to me, and I took him into custody about 100 yards from the stationâI found five bad shillings in his right hand trowsers pocket (produced)âI told him I wanted him, on suspicion of passing bad money, and being in company with those who hadâhe denied it, and having any in his possession.

Jackson. Q. Whereabouts did you ask me whether I had any in my possession? A. About one hundred yards from the station; no one else was with me.

WILLIAM WEBSTER . This shilling first produced is bad, and the five others alsoâthere are three of George III., 1817, from one mould, and two of Victoria, 1845, from one mould.

Jackson's Defence. I picked them up on the road to Putney; I did not

know they were bad; I met Haysman, he asked me the road to Putney, and I directed him, that was all I had to do with him; I never saw Barratt at all.

EDNA TRIMBY . I am the wife of John Trimby, who keeps the Duke's Head, Putney. On 14th Oct., between 2 and 3 o'clock, the prisoner Williams came to the bar and asked for half a quartern of brandyâI served her, and put it into a bottle which she hadâshe paid me with a half crownâshe put it on the counter, and directly I took it into my hand I told her it was badâthe waiter then examined it, but I did not lose sight of itâI put it in the detector and found it was a bad oneâI gave it her backâshe gave me a good half crown, and took that one away with her.

LIONEL HODDER (policeman, V 52). On 14th Oct. I was on duty at Putneyâthere was a rowing match going onâabout 3 o'clock I was at the Duke's Head, and saw Williams thereâI heard Mrs. Trimby mention about the bad money, and in consequence I followed Williamsâshe went round the back of the house, seven, eight, or ten yards, and there joined Smith, who was apparently waiting for herâthey bad some conversation together, and went towards Barnes Commonâthey went about twenty yards down a passage leading to the watersideâWilliams then took a bottle out and each of them drank from it, and after that Williams was apparently holding something white in her band, and passed it to SmithâSmith returned it to WilliamsâWilliams then stooped down, moved the earth with her hand, and appeared to plant somethingâthey then moved the earth back and put their feet over itâthey then turned towards Barnes Common, and I and Levy, who was with me, went immdiately to the spot, and I saw Levy take up half a crown which was covered with earthâwe followed the prisoners some wayâthey both turned back again, passed the Duke's Head, and at the end of River-street they both stopped, and Smith appeared to pass something to Williams, who went into the Bells public house while Smith waited at the end of River-streetâI was in plain clothes, and I followed Smith in, and stood by her sideâshe was served with a small quantity of gin, which was put into a bottleâshe put a half crown on the counter, and as soon as Mr. Avis took it up I told him to look at it, but being very busy he dropped it into the tillâI could see it from where I stood, called Mr. Avis's attention to it, and be took it from the tillâit was the same he had put inâhe marked it, and gave it to meâthis is it (produced)âI took Williams into custody, and told her she was charged with passing bad moneyâshe said she was very sorry for itâI asked her where her partner wasâshe said she had no partner.

Williams. Q. Why did not you stop Mr. Avis from putting it into the till? A. He was inside the bar; I called his attention to it immediately.

JOHN AVIS . I keep the Bells, at Putney. There was a rowing match on 14th Oct.âWilliams came, I believe, for some brandy, and paid me with a half-crown, which I threw into the tillâHodder drew my attention to it, and I took out a bad oneâI marked itâthis is it.

Williams. Q. Did you notice that the half-crown fell in any particular place in the till? A. No; I took this one from among other moneyâthere

are three divisions in the tillâwhen Hodder told me to take the half-crown out of the till, I asked him what it was you had given meâthe half-crown might have fallen in the half-crown division; I cannot call it to mind exactly, it was in the bustle of business.

COURT. Q. Did you take the one out Hodder told you to? A. He did not tell me which to take out; I took out the first that came.

THOMAS LEVY (policeman, V 142). I went with Hodder after the prisonersâI saw them go down a laneâWilliams took a bottle out of a basket, and they both drank from itâthey seemed to be exchanging something from one to the other, and after that I saw Williams stoop down, pull the ground away, and then put her foot on itâthey then left the spotâwe went down; I removed the ground, and found this half-crown (produced)âit was bent as it is nowâI took Smith into custody at the bottom of River-street, and told her she was charged with uttering counterfeit coinâshe said she knew nothing about it, and when she got to Williams they denied having seen each other.

EDWARD EDWARDS . I am waiter, at the Duke's Head. I saw the halfcrown that was offered to Mrs. Trimbyâthis one, produced by Levy, is the sameâI speak to it by two marks on the edge, and the detector marks.

WILLIAM WEBSTER . These two half-crowns are bad, and from the same mould.

Smith put in a written defence, stating that she met Williams casually, and did not know her; they got into conversation, and that she went down the lane to have a little drink out of her bottle. (Smith received a good character.)

WILLIAMSâ GUILTY .* Aged 24.â Confined Twelve Months.

SMITHâ GUILTY . Aged 23.â Confined Six Months.

1059. WILLIAM GEORGE was indicted for a like offence.

MESSRS. SCRIVENandCLERKconducted the Prosecution.

THOMAS ALLEN . I live in Charlotte-street, Blackfriars-road, and deal in hardware. On 19th Oct., about 8 o'clock in the evening, a person came to my shop to buy a pair of spoonsâwhile he was there the prisoner came and asked for a pennyworth of copper wireâI do not deal in thatâhe left the shop before the other personâhe paid me with a crown-piece, which I afterwards found to be counterfeit, and placed it in a drawer in my desk by itselfâthe prisoner came again about 9, and asked for half a dozen teaspoonsâthey are 10d. a dozen.âhe paid me with a bad crown-pieceâI then went round the counter, said that he could not go out, and asked him whether he did not know that that was not the first which had been tendered to us that nightâhe said he did notâhe pulled a paper out of his pocket, and said that was where he had been all that dayâI sent for a policeman, and gave him into custody, and gave the policeman the two crowns.

WILLIAM PEARCE (policeman, L 146). I received charge of the prisoner on Tuesday night, for uttering a counterfeit crownâI asked him where he got itâhe said he had been out with his barrow, and taken it in the course of tradeâI received these counterfeit pieces from Mr. Allen.

WILLIAM WEBSTER . These are both bad, and both from the same mould.

Prisoner's Defence. I took the crown in the course of trade, and was not aware it was bad.

GUILTY . Aged 19.â Confined Twelve Months.

1060. MARGARET CALLAGHAN was indicted for a like offence.

MESSRS. SCRIVENandPOLANDconducted the Prosecution.

ELIZABETH WILLIS . I live at my brother's, "The Colonnade," Russellsquare. On 1st Oct the prisoner came there for a glass of ale, which came to 1 1/2 d.âshe gave me a shillingâI looked at it, told her it was counterfeit, and took it to my brother in the parlourâhe broke it in twoâthe prisoner took one of the pieces and threw it away, and the policeman has the other piece.

JAMES SMITH . I am the brother of the last witness. On 1st Oct. the prisoner came for a glass of aleâmy sister served her, and then brought a shilling to meâI looked at it, took it to the counter, told the prisoner it was a bad one, and broke it in twoâI put the pieces on the counter, turned my head for something, and when I turned back again they were both goneâI asked the prisoner what she had done with the piecesâshe said she had chucked one piece out in the street, and the other one I picked up in front of the counter, and gave it to the policemanâI gave the prisoner in charge.

Prisoner, Q. Did not you ask me if I had any more money to pay with, and say, if I had not, you would give me in charge? A. I said no such thing.

EDMUND EDWARDS (policeman, E 47). The prisoner was given into my custody on 1st Oct. by Mr. Smith, who also gave me this piece of a counterfeit shilling (produced)âthe prisoner was taken before a Magistrate, and dismissed.

WILLIAM STANAWAY . I am assistant to Bevan and Matthews, haberdashers, in Westminster-road. On 13th Oct. the prisoner came and asked for a reel of cottonâI served herâit came to 3/4 d.âshe paid with a counterfeit shillingâI bent it in the detectorâI showed it to Mr. Matthewsâhe took it from me, and I heard him ask the prisoner if she bad any more of themâshe said noâI gave her into custody.

GEORGE MATTHEWS . I saw the prisoner at our shop on 13th Oct. I received a shilling from Stanaway, which I gave to the policemanâI marked itâthe prisoner gave her address, "15, New Cut"âmy partner went there, and on his return told the prisoner the address was falseâshe did not say anything.

THOMAS NORMAN (policeman, L 195). On 13th Oct. I took the prisoner into custody, and received this shilling from Mr. Matthews.

WILLIAM WEBSTER . This shilling is counterfeit, and the fragment also.

GUILTY . Aged 17.â Confined Six Months.

1061. JOHN CHESTERTON and WILLIAM SAMUELS were indicted for a like offence.

MESSRS. SCRIVENandPOLANDconducted the Prosecution.

EDWARD BUTLER . I am assistant to Mr. Christmas, surgeon, of the London-road. On Wednesday evening, 20th Oct, the prisoners came to our shop, and Chesterton asked for two Siedlitz powdersâI mixed them, and they each drank oneâChesterton gave me a bad half crownâI told him it was badâhe said it was not, referred to the date, which was 1819, to prove it was good, and persisted it was goodâI put it in the crack of the till and bent it doubleâI afterwards broke it in two pieces, and he then gave me good moneyâI had sent for a policeman, he came, and I gave him the two piecesâthe prisoners were searched, and a bad shilling found on Chestertonâwhen I was going to bend the half crown, Chesterton wished me not to deface it, as he should not be able to pass it.

SAMUEL BOLTER (policeman, A 463). I received the two prisonersâ

Butler gave me this half crownâI searched Chesterton, and found 3s. 6d. in silver and 7 1/2 d. in copper, good money, on him, and this bad shilling (produced), and 2s. 3 1/2 d. good money on Samuelsâthey had been drinking, but knew what they were aboutâI asked Chesterton where he got the moneyâhe said he should not tell meâChesterton gave his address, "35, Commercial-road, Lambeth," and Samuels "at Mr. Flint's lodging house, Shoreditch"âI made inquiry at those places, and heard nothing about themâin going to the station from Mr. Christmas's shop, we passed Mr. Pagent's door in the London-road.

JOHN SNOWSELL . I am in the employ of Mr. Pagent, confectioner, in the London-road. On Thursday morning, as I was opening the shop, I found a brown paper parcel at the corner of the door, outsideâI opened it; it contained two half crowns, one crown, and nine shillings, all bad moneyâI gave them to my masterâthe door is in a court, but any one could put the parcel there from the street without going down the court.

JOSEPH PAGENT . I keep a confectioner's shop, in the London-road. On 21st Oct. Snowsell gave me a brown paper parcel, which contained a five shilling piece, two half crowns, and 9s., all badâI gave them to Tompkins about 11 o'clock the same day.

GEORGE TOMPKINS (policeman, M 166). I received this brown paper parcel (produced) from Mr. Pagentâit contains the same coins now; it has not been out of my possessionâI had assisted in taking the prisoners on the previous eveningâwe passed close by Mr. Pagent's door.

WILLIAM WEBSTER . The half crowns and 1s. are both badâthese in the paper are also bad, and 8s. of the shillings are from the same mould as the one found on Chesterton.

Chesterton's Defence. I had changed money at several public houses, and received this money in change; we were rather intoxicated, and had these powders to sober us; I know nothing of the parcel; if I had put it there the constables must have seen me, as there was one had hold of each of my bands and one was behind me.

Samuel's Defence. I met Chesterton in a public house; I said I was rather tipsy, and he took me to the doctor's shop to have something to sober me; he paid for it; there was no bad money found on me.

JULIA SMITH . I am an unfortunate female, and occupy the front parlour on the ground floor at 11, White Horse-street, Lambeth. On 22nd Oct., between 1 and 2 o'clock in the morning, I met a young man in the Waterloo-road, who went home with me and remained nearly an hour, but did not have connection with meâwe quarrelled, and were talking for a long time,

and after that he tried to lock the door, and I said he should notâhe did lock it, and then knocked me down, and tore my pocket from meâthere was a half sovereign and ninepence-halfpenny in it; he took the contents out, and left the pocket on the tableâI would not let him go to the door, and he flew to the window, undid the shutters, and the prisoner came inâthe prisoner then knocked me against the table and the bedâmy landlady then came down, and rattled at the door, but could not get inâthe men then went out at the window, one after the otherâthe prisoner must have been close against the window, he came in directly the other man opened itâI swear the prisoner is the person who came inâI recognized him among several more.

CAROLINE RODGERS . I keep this house, 11, Whitecross-street. Smith occupies the front parlourâbetween 2 and 3 o'clock on this morning, I heard a noise and great bustleâI got up, went to the landing, and found it came from Smith's roomâI went down, tried the door, and got no answer, but heard a noise as though the young woman was groaning; and there was a great bustle in the roomâI tried to get in, but could not, as the door was lockedâI tried several times, and said, if the door was not opened I would push it inâI heard more feet in the roomâI heard the window openâI rushed to the street-door; the window and shutters were open, the prisoner was at the window, and another young man, two or three steps offâthere was no one else in the streetâthe prisoner said he was waiting for a young man from No. 13âthe other man ran away, and the prisoner followed him, in the direction of his own houseâSmith had no dress on, her clothes were tornâshe felt in her pocket, and said, "Good God! I have been robbed"âI know the prisoner by sight, he lives at No. 6.

Prisoner. Q. Did I not say if anything should happen, do not blame me for it? A. No; I had never spoken to you beforeâI never quarrelled with you, or threatened to transport you.

HENRY MORTON (policeman, L 63). On 22nd October, at a little after 10 o'clock, I went with Smith to the prisoner's house, which is 6, White Horse-streetâthere were several other men thereâSmith recognised him at once, and picked him out from the other men.

Prisoner's Defence. I had a business transaction with Mrs. Rodgers's father six months ago; it was not to their satisfaction, and they called after me every time I came down the street; this is nothing more than animosity; I have lived in the street four or five months, and they have always said they would transport me if they could; they were aware where I lived, and yet did not fetch me till 10.

CHARLES ASTON TUESLY . I keep refreshment-rooms at 69, High-street, Borough. On the evening of 23rd Sept. Anson came and asked for a glass of porterâhe gave a sixpence to pay for itâI placed it in the tillâthere was no other sixpence thereâI gave him change, and he left the houseâwhen

he left, I looked at the sixpence, and immediately discovered it was badâI placed it on a shelf behind meâon the same evening, about 11 o'clock, Anson came againâI knew him when he came inâhe called for a glass of porter, and offered in payment a counterfeit sixpenceâI immediately saw it was counterfeit, and I took it in my hand and went out of the private door, in at the other door, and secured himâI saw Lucas outside, standing on the kerb, looking through the windowâI then went after Lucasâhe was not then on the kerbâhe peeped through the doorway, and saw Anson and me; he then crossed to the opposite side of the wayâI went and told him I wanted himâhe said he had done nothingâa constable came up, and I gave both the prisoners into custody, with the two sixpencesâLucas was brought into my house, and searched, but I did not see anything found on himâI was attending to my business, but I saw three sixpencesâI did not notice the date of the second that was uttered by Anson.

Anson. Q. What time did I come first? A. About 6 o'clock, or nearer seven; the gas was lightedâI put the sixpence first in the till, and then on the shelfâyou came the second time about 11 as near as may beâI swear to you by your personâI knew you the moment you came in at the doorâI did not see you with Lucas.

Lucas. Q. You came to me as I was coming from London-bridge; you did not see me with Anson? A. No; I can swear to youâI did not lose sight of you till you crossed from one side to the other.

MR. CLERK. Q. Are you sure that Lucas is the person who was looking in at the window when Anson passed the sixpence? A. Yes; I looked at him particularly when I passed him, because I suspected he was with the other.

GEORGE WATSON (policeman, M 135). I was called to the shop on the evening of 23rd Sept.âI took Lucas into custody outside the shopâI took him into the shop and found on him three counterfeit sixpences, and 4s. 2 1/2 d. in copper, all goodâI took Anson into custody in the shop, and received these two counterfeit sixpences from the last witnessâAnson said, he was not aware it was a bad sixpence, and if Mr. Tweedy would let it go till the next day, he would come and pay him for what refreshment he had hadâthe prisoners both lodge in the same house, in Falcon-court.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint; these two sixpences which were uttered are both bad, and from the same mould, of the date of 1846âthe three found on Lucas are all bad, and two of them are from the same mould as the two uttered by Anson.

Anson's Defence. I uttered one sixpence only; I did not know it was bad; as to my being in the shop at 6 or 7 o'clock, I have witnesses to prove that I was at home having my tea.

Lucas's Defence. I was about selling herrings; I did not know whether what I took was bad or good.

ANSONâ GUILTY . Aged 21.

LUCASâ GUILTY . Aged 16.

Confined Twelve Months.

Before Mr. Recorder.

1067. JOHN WARE was indicted for bigamy.

MR. RIBTONconducted the Prosecution.

WILLIAM WRIGHT (policeman, F 96). I produce a certificate from the parish Church of St. Giles-in-the-FieldsâI saw the clerk copy it from the bookâI did not compare it with the book.

JANE BARNETT . I am the wife of John Barnett, and live at 19, Dudley-street, Seven-dialsâon 3rd Feb. 1845, I was present at the Church of St.

Giles-in-the-Fields, when the prisoner was married to my sisterâI saw the marriage ceremony performedâmy sister was alive last WednesdayâI saw her.

Prisoner. Q. How long afterwards did she live with me? A. I do not knowâI did not come to the shop where you were at work, and say there was a young man come from the country that she was very much acquainted withâshe had kept company with a young man, but she had not lived with himâI did not go with that young man up to my mother's placeâI do not know whether she is living with that young man now.

COURT. Q. When did you see her? A. On Wednesday last, at 99, Norton-streetâshe gets her living by tailoring, but who she is living with I cannot sayâshe lives in the second floorâI was in her lodgingâthere was no one there when I was thereâI saw no men's clothesâshe has one child, which is, to the best of my knowledge, about six years old, I cannot say exactlyâwhen I first saw it, it was about four months oldâI saw it in my sister's arms when she called to see me at 26, Tower-streetâI cannot say who she was living with thenâI cannot say where she and the prisoner went to live after they were marriedâI was then living at 21, Lumber-courtâI do not know how long my sister lived with the prisonerâI did not hear that they were parted till eight or nine weeks after the marriageâI did not know it at the timeâI saw her child when it was four months oldâit was born after they partedâit did not belong to the prisonerâI cannot answer what name my sister is going byâI have lost sight of her latelyâI have not seen her but about once in twelve monthsâI cannot tell what name she was going by when I saw her on Wednesday lastâI rang the bell at 99, Norton-street, and she came down and answered it.

JANE EDWARDS . I live at 18, Stacey-street, St. Giles's. On 5th December, 1847, I was married to the prisoner at Christ Church, Blackfriars-roadâI was a widow at the timeâthe prisoner stated that he was a widower.

Prisoner. Q. Was I lodging at the house at the time? A. Yes; you were lodging with your fatherâyou never lived with me till after we were marriedâyou slept downstairs in the front room, for about a week before.

COURT. Q. Was that the first time you knew him? A. He had lodged in the house for some time, for more than a yearâhis father left before we were marriedâit was on that that the prisoner changed his room, a week before we married.

Prisoner. Q. Did I find the money for the marriage? A. You gave me the money to keep for youâI returned it to you on the morning of the marriageâyou are the third husband I have hadâyour mother-in-law said nothing to me about itâyour father said you were a widower.

COURT. Q. Are you the prosecutrix? A. Yes; it was on the 13th that I found out the rights of it, that his first wife was aliveâhe came home, and turned me out of doors, and then I was determined to find out the rights of it, because I wanted to protect my childrenâI had heard of his having a wife about four months before, but I could not find herâI had two children besides one which I had by the prisonerâI had not any money, nor any property except the lease of the houses; I was obliged to sell that, because he went on so extravagantly.

WILLIAM WRIGHT (policeman, F 96). I apprehended the prisonerâhe said his first wife was deadâhis first wife afterwards made her appearance at the stationâthe inspector asked the prisoner if that was his wifeâhe said, "Yes"âhe said Jane Edwards was his wife, but said he was told the first woman was dead.

Prisoner. Q. Did not I come and ask you if you wanted me? A. Yes; your wife said she would charge you with bigamyâthere was a young man with your wife; I do not know who it wasâyou asked him if he was going home to take your placeâhe said, "Yes;" he should take care of her till you came outâhe said she wanted some one to protect her at that hour of the night.

Prisoner's Defence. When I was married to my first wife she used to get up and go to work; my father was a tailor; we lived very comfortably about three weeks; this young man that she kept company with, that she is living with now, came, and the witness came round to the shop, and asked if I would go round, as her sister and another person wished to see me; I went round, and saw her and her mother; her mother said, "Kate, it is no use your keeping company with this young man, you are married;" the next morning I got up to go to work; I said to my wife, "Are you going with me?" she said, "No;" I went home in the evening, and everything was gone; I went and asked her mother if she was coming home; she said, "No," she was going to get married to this Alexander Winden; she has been living with him, and I believe she has had three or four children; my second wife and I lived comfortably till Mrs. Jeffreys came and kept a chandler's shop; we bought things of her, and at last we were obliged to go on credit; I found that we could go to another place and buy things as cheap again; I told my wife we could not have things there, and she would go there, and this woman has made all this disturbance; as to knowing whether my first wife was living, I did not; I asked her brothers some time ago, when they were in mourning, whether she was living; they told me she was dead; two of them are transported.

COURTtoJANE BARNETT. Q. Your sister kept company with another young man? A. Yes, with Alexander Winden.

GUILTY . Aged 31.â Confined Twelve Months.

1068. ROBERT WATTS , stealing 25l. and 1 bag, value 1d.; the property of Duncan Sinclair: to which he pleaded

GUILTY . Aged 47.â Confined Twelve Months.

1069. JOHN CASSIDY , stealing 1 coat and other goods, value 1l. 10s.; the property of Henry Granville Howard, commonly called Earl of Arundel and Surrey: to which he pleaded

ROBERT HENRY ROBSON . I live in Somersetshire, but I am visiting at Hamilton-terrace, St. John's-wood. On 26th Oct., about 2 o'clock in the morning, I was in Waterloo-road, coming from Waterloo-bridge to Westminster bridge-roadâthe prisoner and another female met me, stopped me, and asked where I was goingâI said nothing, but walked onâthe prisoner said, "Do come and see me"âshe was standing before me, and would not allow me to passâI suppose I walked two or three yards, not more, when a man came behind and pushed me somewhere about the shoulders (I had seen two men just before)âthe prisoner at the same time caught hold of me, and another woman came upâthe prisoner was endeavouring to unbutton my great coatâthe other woman pulled open my coat, and the prisoner put her hand into my waistcoat pocket and took my watchâI am quite sure it was

the prisonerâafter I discovered my loss, I said, "You good-for-nothing woman, give me my watch"âI put down my right hand, and felt my watch in her handâshe was endeavouring to pass it to the other womanâI felt the prisoner put her hand in my pocket; I was able to see whose hand it was.

Q. Then why did you say that you knew she put her hand in your pocket because you felt it; did you tell the Magistrate that it was her that put her hand in your pocket? A. Yes; I did not tell him it was one of them, and not tell him which I felt it inâI am prepared to say that I saw her put her hand in my pocket, and what is more, I told the officer soâthe prisoner had her hand under my great coat, the other woman stepped backâI saw the prisoner in that position, that I believe it washer band that was in my pocketâI consider that the other woman was very much intoxicated, she only pulled my coat openâthe prisoner first tried to unbutton my great coatâthe other woman came and pulled my coat openâthe prisoner let go from below from the button as I kept my hand at the button, and she put her hand in my pocket and took my watchâthe other woman was standing byâI caught hold of the prisoner, and would not let her goâI caught the other woman also, but she escaped, and left her shawl behindâI had great difficulty in holding bothâthe policeman came up immediatelyâthe two men I passed a very few yards before I came to these women, and one came and pushed against me on the rightâwhen the policeman came, these two men came back a little wayâthey did not come close to us, but a short distance off, to see what was going onâI was soberâI had been out to supper, but I had drank very littleâthe man pushed me on my right shoulder just before the women came to me.

Q. But you said before, "Two men came up at the time, as soon as I called "Police!" and pushed against me"âis that true? A. No; they did not; that is the clerk's errorâthey did nothing, they stood at a little distanceâthe other woman came backâI did not see anything pass from one to the other, but the policeman said, "That is the woman who has your watch," and he pointed to the other womanâhe said this woman had passed itâhe said that in the prisoner's presenceâthe prisoner did not say anything at the timeâI was very much excitedâI could not have held the two women so long as I did if I had not been excitedâI felt the watch in the prisoner's handâthe moment after she took the watch, I endeavoured to seize it in her handâshe had not had time to pass it then; but the other woman came up afterwards, and she passed it, but I did not see it.

Prisoner. Q. Are you sure that you felt my hand in your pocket? A. Yes; I am perfectly certain it was your handâyou took the watch out of my pocketâI felt it in your hand.

COURT. Q. Then how came you to say before the Magistrate, "It was in the hand of one of them, but I can't say which?" A. The hands were togetherâshe was trying to pass the watchâthis deposition was read over to meâI only know that this woman took the watch from my pocketâI felt it in her handâI have no recollection of swearing that I did not know in whose hand I felt the watchâI cannot account for itâI feel confident that this woman took itâI had supped in Fore-streetâI cannot say what time I went to supper; it was lateâI was not in liquor all the eveningâI suppose it was between 10 and 11 o'clock when we suppedâafter that we had a friendly game at cardsâthere was drinking going on during the timeâduring the whole evening I drank two glasses and a half or three glasses of very weak gin and water; I never drink it strongâI was then going to Westminster Bridge-roadâI knew it was too late to have an omnibus, and I did

not feel disposed to pay for a cabâI had made up my mind to go to a coffee house in Westminster Bridge-road to sleep, and I slept there that night, at Campbell's coffee house; a very clean place, and not expensiveâmany respectable persons sleep there.

JOSEPH COSTER (policeman, L 106). I was on duty in Waterloo-road, at 2 o'clock that morningâI heard a cry of "Police!"âI went up directly, and found the prosecutor standing by himself, and the prisoner by herselfâthe prosecutor had not got hold of herâone was standing by the houses, and the other by the side of the pavementâthe prosecutor said, "I give this person in custody for robbing me of my watch"âthe prisoner said nothing only that she heard the cry of "Police!" and came upâI took her into custody, and as I took her the one that is now at large came upâthe prisoner put her hand out, and they grasped each other's handsâthe woman that has escaped then ran awayâI took the prisoner to the stationâI could not prevent their hands graspingâI had the prisoner by the left arm, and she turned and put her right hand out to the other womanâthe other woman ran awayâI kept the prisoner.

Q. Did you not tell the Magistrate, "I heard a cry of 'Police!' I went up, and saw the prosecutor holding a woman?" A. Yes, that was the woman that has escapedâI had seen him holding a woman before I got up to themâthat woman ran awayâon her running away, her shawl dropped from her; she went away without itâI went up, and found the prisoner and the prosecutor standingâtwo men stood about twenty yards' distance when I first went up; but on my taking the prisoner forward, they came up to me, and said, "What is the matter?"âthe woman that escaped came up with them when they came to ask what was the matterâthe men came about the same time that the woman came and grasped the prisoner's handâI believe the prosecutor had been drinkingâhe appeared to be in liquor, but appeared quite conscious of what he was doing.

Prisoner. The woman ran away? Witness. The woman came up, together with the men, I am positiveâthey all three came up at one time, within about a yard of each otherâI did not see the watch at allâI am quite sure that the woman who ran away in the first instance was the same who came up with the menâthe shawl dropped from the woman six or seven yards from where I wasâwhile I was taking the prisoner away, one of the men came and picked it upâit was impossible for me to make an effort to take the other womanâI must have let the prisoner go, to take the otherâI did not call for assistance.

Prisoner's Defence. I heard a cry of "Police!" I went up to see what was the matter; the prosecutor had hold of a woman; when he saw the policeman, he let her go, and came to me.

NOT GUILTY .

ADJOURNED TO MONDAY, THE 22ND OF NOVEMBER.

The following Prisoners upon whom the Judgment of the Court was respited at the time of Trial, have been sentenced as under: